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
  • 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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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