Can a car rental’s insurer collect from me even though I did not cause the accident?

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Can a car rental’s insurer collect from me even though I did not cause the accident?

My family and I were involved in an accident with a rental car. The person who hit us had no insurance and he

completely recked the rental. Now the company that represents the rental company wants to collect money from me even though I did not cause the accident. Aren’t they supposed to collect from the person who indeed caused the accident?

Asked on July 16, 2019 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general matter, you are correct: an at fault party (someone who caused the accident through their carelessness) is liable for the costs and damage; a party who was not at fault is not liable. While they can seek the money from you, such as if the don't agree that you were not at fault, if you refuse to pay, to force you to pay, they'd have to sue you and in court prove that you were at fault.


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