Accident by Rental Car Unauthorized Driver

**andy1981** · 07-15-2007, 07:04 AM

This happened in Pensylvannia --- A friend of my 25 year old son let him use his membership to Philly Car Share (non profit company letting members use cars by hour). So it was authorized but from the point of view of company -- probably not. My son ( a student) does not have a car or insurance. Last evening he had an accident (left turn on a green light) and was hit on the passanger side by an oncoming car. There were no injuries but both cars got some damage. Police came and took all information; they also called a tow company to move the car (per my son, seemed quite sympathetic to his plight but this does not mean he was not at fault). Sounded it is mostly an insurance issue rather than traffic violation problem. My son's friend is out of the country. The first question is what should he/we do next: contact the rental company? Does it make any difference whether he does not have insurance? What should happen with his (perfect up to now) driving record? Is ANY isurance going to pick up any of the costs?

**chuckycheese** · 07-15-2007, 07:28 AM

It's not going to affect your son's driving record but they will be very lucky if Philly Car Share doesn't file criminal charges against both of them. What they did was not only foolish...it was a crime.

**andy1981** · 07-15-2007, 07:39 AM

Do you advise therefore to get a lawyer and let him deal with whole issue?
We thought that as long as we are ready to pay for the damages the issue is closed.

jk · 07-15-2007, 10:27 AM

that would be up to Philly Car Share and the other cars owner. What you friends son has done is wrong. What your son has done is wrong .

There was no permissive use unless your son somehow has the authority to loan out Philly Car Shares vehicles, which is doubtful. He cannot loan anothers property. Well, he can but not with authority and that is where the possible criminal charges start.

There very well could be criminal charges against the driver and your son. I would start interviewing attorneys now to direct you through this. It may be much ado about nothing but it could potentially be quite serious.

Oh, and is any insurance going to pick up the tab; highly doubtful