What to do if you are in car accident but are uninsured for that specific the incident?

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What to do if you are in car accident but are uninsured for that specific the incident?

My nephew was in the Virgin Islands with a friend’s family. The mother told the boys there were 3 rental cars and that they all could drive. My nephew was the designated driver side and swiped a car. The woman he hit denied medical as written on the police report. The rental car company sent a $10,000 bill to my nephew to pay for the car. The woman he hit is suing my nephew’s insurance company. His insurance co is denying because he was not put on as a driver which my nephew thought he was because the mother who rented the car said he could drive. What should my sister do? Is paying the car admitting fault and can the woman who tried to sue her insurance company sue my nephew?

Asked on May 1, 2018 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) It doesn't matter what your nephew thought: to be an authorized driver on the rental car, the rental car company must authorize you--i.e. you must be on the contract. A driver or renter of the car cannot authorize you if you were not put on the contract.
2) Paying one person or company in an accident is not a legal admission of fault. People pay or settle for many reasons, such as to avoid the cost of litigation or to resolve a matter and move on. Doing so does not legally confirm fault.
3) Yes, they can try to sue your nephew if they believe he was at fault; an at-fault driver can always be sued.


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