What do I do if my insurance does not pay for a accident I had while driving a rental

UPDATED: Oct 2, 2022

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What do I do if my insurance does not pay for a accident I had while driving a rental

My mom rented a vehicle in her name, me and my sister were add on drivers.
I hit a post at a gas station with the rental. We did not get the renters
insurance. neither my mom’s car insurance nor my car insurance will pay for the
damages both say the other is liable.
Also the collection company for the rental says I owe the 1,484.00 because
neither insurances will pay. I want to ask them if I could pay off the amount i
owe in installments. Not sure if they will agree to installments but that is all
that I can afford. If I send them a check monthly do they have to accept it?
Thank you

Asked on October 31, 2019 under Insurance Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Check your mother's and your own insurance policies to double check that neither will cover--while the insurers are probably correct, there's no harm in checking yourself. Insurance policies are contracts: the insurer must pay when the policy terms say they must. If you believe that under one or the other policy, they should pay, you or your mother (whomever has that policy) can sue the insurer for "breach of contract" if you choose, to get them to pay.
2) The collection company or their client (the rental) company is not obligated to accept a payment plan: they can insist on payment in full immediately and sue you if you don't pay. But they are also not stupid, and will usually agree to a reasonable plan rather than sue for money that might not be there anyway. You have to talk to them and get them to agree in writing to the plan.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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