Hermitage, TN asked in Car Accidents for Tennessee

Q: Involved in a crash, NO INJURIES. Driver of striking vehicle has no insurance and no license. Vehicle is insured.

5 weeks to the day, our vehicle is now being repaired. Insurance company, we feel, has been dragging their feet. The personnel have been wonderful but hands are tied by regulations, policy and what State Farm is legally obligated to do. We are encumbered to supply insurance and deposit for the rental. Is there compensation for us ??

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1 Lawyer Answer
Mr. James Charles Wright
Mr. James Charles Wright
  • Personal Injury Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Normally the rental car company will accept your insurance and you don't have to supply extra insurance while you are driving a rental car. The deposit should be returned to you when you are done with the rental. Your insurance company will only provide what they are required to supply -which is likely a set amount per day for a rental car- no insurance or extras. The third party would be liable - whether they have insurance or not. You may want to contact the other party and tell them your car is being repaired and you have some out of pocket expenses- see if the other person will pay. Note you cannot give them a release- as you would be impairing your insurer's rights to seek recovery from the other driver. Also, note if the other driver doesn't have coverage and doesn't pay for the damage the state can revoke the driver's driving privileges. You can report the driver for failure to have insurance.

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