Q: My car was hit by a stolen vehicle. Even though she left key in car, her insurance denied claim.
I own a rental car company. I rented a vehicle to a customer, she had no insurance and took my collision damage waiver, the vehicle was hit by a BMW loaner vehicle that was stolen from customer after she left the key in the car at her house. Her insurance company is covering 50% of the damage to the loaner vehicle, but denying my claim for the damage to my rental vehicle. Can I sue the person that had the loaner vehicle in her possession for negligence for leaving the key in the vehicle causing it to get stolen?
A: It will depend on the language of the release you signed when receiving partial payment. If not prevented by the terms of the release, you may sue the customer.
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