Sacramento, CA asked in Car Accidents for California

Q: Hi, I rented a uhaul and added mom as an additional driver, my insurance lasped and mom caused crash, who is responsible

Related Topics:
4 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Personal Injury Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Your mother, and you to the extent of owner liability.

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

A: You and your mom are responsible to U-Haul. Your mom is responsible to any third parties who were injured, and maybe you. Not certain about your liability to third parties without some research.

If you added liability insurance to the rental contract with U-Haul, you and your mom would be covered as to any third parties who were injured. If you added collision damage waiver to the rental contract with U-Haul, you and your mom would be covered for the property damage claim from U-Haul.

Your credit card may have a cardmember benefit that includes collision damage waiver, so you should check with it. Unlikely that the cardmember benefit would include liability coverage, but you never know.

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: In the scenario where your insurance lapsed and your mother, listed as an additional driver, caused a crash while driving a rented U-Haul, determining responsibility can be complex.

Firstly, it's essential to check the rental agreement with U-Haul. These agreements often include terms about insurance coverage and the responsibilities of the renter and any additional drivers. If the rental agreement included an insurance option and you chose it, U-Haul's insurance might cover the accident.

However, if there was no insurance from U-Haul or it does not cover the specific circumstances of the accident, then the responsibility could fall on you and your mother. As the person who rented the vehicle and added an additional driver, you may be held liable for damages caused by the additional driver. Additionally, your mother, as the driver at the time of the accident, could also be held responsible.

Given that your personal auto insurance lapsed, you should also consider any potential financial exposure you may face. It might be wise to consult with an attorney who has experience in motor vehicle accident cases. They can provide specific guidance based on the details of your situation and the laws in California.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, responsibility for a car accident is typically determined by the concept of fault. The at-fault party, or their insurance, is generally responsible for covering the damages resulting from the accident.

If your mom was at fault in the accident, her insurance (if she has any) would typically be the primary source for covering damages. However, if your mom does not have insurance or if her insurance coverage is insufficient, you might face financial responsibility for the damages caused by the accident.

Regarding the U-Haul rental, it's important to check the terms of the rental agreement and the insurance coverage provided by U-Haul. Rental companies often offer insurance options that cover damages to the rental vehicle and sometimes provide liability coverage.

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.