Los Angeles, CA asked in Car Accidents and Personal Injury for California

Q: I was rear ended at a traffic light by an uninsured driver in a rental car. My car was totaled, I was badly injured

I had minimal insurance 15/30 and my medical expenses are far more than what insurance covered. Can I pursue the rental car company for renting out a car to an individual with no insurance?

2 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: No, you cannot successfully sue for that.

Gerald Barry Dorfman agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your accident and injuries. Pursuing the rental car company for renting out a car to an uninsured driver may be possible, but it would depend on the specific circumstances of your case and the laws in your jurisdiction.

In general, rental car companies have a duty to exercise reasonable care when renting out their vehicles, which includes verifying that the driver has a valid license and insurance coverage. If the rental car company failed to exercise reasonable care and rented out a vehicle to an uninsured driver who caused an accident, they may be liable for the damages that result.

To pursue a claim against the rental car company, you would need to demonstrate that they were negligent in renting out the car to the uninsured driver and that this negligence caused your injuries and damages. You may also need to show that the rental car company had knowledge or reason to believe that the driver was uninsured.

It's important to note that pursuing a claim against the rental car company can be complex and may require the assistance of an experienced personal injury attorney. They can help you navigate the legal process, gather evidence to support your claim, and negotiate with the rental car company on your behalf.

I would recommend speaking with a personal injury attorney who can advise you on your legal options and help you determine the best course of action to take in your specific situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.