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  1. #1
    Join Date
    Jan 2019
    Posts
    1

    Default Who Will Pay for Car Rental Fees

    My question involves insurance law for the state of: New Jersey

    Hello,

    I am very new here.

    Recently my wife was involved in car accident. It was not her fault. The driver at fault was driving a company car that was rented from a "Car Sales" company. The at fault party insurer paid for the damage but they won't pay for car rental fees saying that the at fault driver policy had a limit of 5k liability and there is no more money to cover the rental fees.

    Now my question is, where do I go from here?Do I go to the place where the car was rented and ask nicely to cover the fees?Do I go to the driver at fault company he works for? or straight to small claim court?

    I can provide more information if needed.

    Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    16,758

    Default Re: Who Will Pay for Car Rental Fees

    Quote Quoting D4r3k68
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    Do I go to the place where the car was rented and ask nicely to cover the fees?
    No. That company has no liability for the accident.

    Quote Quoting D4r3k68
    View Post
    Do I go to the driver at fault company he works for?
    Couldn't hurt. Read the following to see how an employer may be liable for accidents caused by an employee:

    https://www.expertlaw.com/library/ca...liability.html

    Quote Quoting D4r3k68
    View Post
    or straight to small claim court?
    If the driver won't pay you out of his own pocket and the employer says no, you will have to sue both together in small claims court.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,184

    Default Re: Who Will Pay for Car Rental Fees

    Quote Quoting D4r3k68
    View Post
    The at fault party insurer paid for the damage but they won't pay for car rental fees saying that the at fault driver policy had a limit of 5k liability and there is no more money to cover the rental fees.
    First, who are "they"? The insurer and someone else? Second, when you refer to the "at fault party insurer," are you talking about the driver's insurer or his/her employer's insurer? I assume the former since the driver's employer almost certainly has more than $5k in liability coverage.


    Quote Quoting D4r3k68
    View Post
    Now my question is, where do I go from here?
    Why would you go anywhere? As for your wife, it depends. Was the driver acting in the course and scope of his/her employment at the time of the accident?


    Quote Quoting D4r3k68
    View Post
    Do I go to the place where the car was rented and ask nicely to cover the fees?Do I go to the driver at fault company he works for? or straight to small claim court?
    The owner of the car who rented it to the driver's employer has no liability. The employer may have liability if, at the time of the accident, the driver was acting in the course and scope of his/her employment.

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