need advice

[Jack Strop]

Yah but this is salt's fault though?

If alt's insurance company pays out and can't recover the money from the other insurance agency or driver, I'll bet they try to raise his rates. I could be wrong, but that's probably why if it were me, I'd call an attorney and pay for an initial consult.

 

[The Midnight]

If alt's insurance company pays out and can't recover the money from the other insurance agency, I'll bet they try to raise his rates.

I know they probably will but it's not gonna be $1k per year extra though if its not his fault?

 

[DasJazz]

Rental contract is where your real issue is. If you all declined their insurance and said you have your own, looks like you'll be on the hook to fix the damage.

 

[♪alt13]

So our insurance company is "investigating" and going to send out an adjuster. Sounds like we are at least going to be screwed 500 dollars for our deductible even though it wasn't our fault. I think that it's straight b******* the car rental company has no responsibility to make sure you're insured. I'm pretty sure even the racket that we call car dealerships have to make sure that you have insurance. If you don't have liability insurance then you should have to buy short term liability insurance from the car rental company or else they should be liable. This is some b*******.

 

[The Midnight]

So our insurance company is "investigating" and going to send out an adjuster. Sounds like we are at least going to be screwed 500 dollars for our deductible even though it wasn't our fault. I think that it's straight b******* the car rental company has no responsibility to make sure you're insured. I'm pretty sure even the racket that we call car dealerships have to make sure that you have insurance. If you don't have liability insurance then you should have to buy short term liability insurance from the car rental company or else they should be liable. This is some b*******.

It's such a competitive industry though. Say there are 2 cars rental companies competing for your business, if you have limited funds, are you going to go with the one that forces you to take out liability insurance or the one that doesn't? Some people would just go with the cheaper option (especially a meth head like this one).


That's all these companies care about - the bottom line. They don't have any responsibility to make sure third parties are paid up in the event of an accident.

 

[♪alt13]

Well, I stand corrected. I guess alt13 is screwed on this one. Hoping he has underinsured/uninsured coverage on his policy. I'd at least consult an attorney. File a lawsuit against the woman if she doesn't have insurance. She at least should be found guilty of driving without insurance.

I honestly don't give two s**** if she's criminally prosecuted 4 no insurance. That does nothing for me. Either she should have to give me money or I should get to punch her in her face.

 

[The Midnight]

It's like you go to the theme park and go on one of those bumper cars. You tried to run over someone you don't like and he broke a leg. Does the theme park have the responsibility of ensuring you have third party insurance before you go on that car? Are they responsible for that person's broken leg?

I don't think they do. Only the driver should be.

 

[♪alt13]

It's such a competitive industry though. Say there are 2 cars rental companies competing for your business, if you have limited funds, are you going to go with the one that forces you to take out liability insurance or the one that doesn't? Some people would just go with the cheaper option (especially a meth head like this one).


That's all these companies care about - the bottom line. They don't have any responsibility to make sure third parties are paid up in the event of an accident.

Yeah I'm cool with that. Then I can go after the cheap car rental company to pay my damages. That's what I find to be ridiculous. That they have no responsibility for their vehicles.

 

[♪alt13]

It's like you go to the theme park and go on one of those bumper cars. You tried to run over someone you don't like and he broke a leg. Does the theme park have the responsibility of ensuring you have third party insurance before you go on that car? Are they responsible for that person's broken leg?

I don't think they do. Only the driver should be.

What the f*** are you talking about? Amusement parks get sued all the time and at least at an amusement park I'd have to sign something that says "hey if I get injured you know...arbitration". I didn't sign s*** with Enterprise.

 

[The Midnight]

What the f*** are you talking about? Amusement parks get sued all the time and at least at an amusement park I'd have to sign something that says "hey if I get injured you know...arbitration". I didn't sign s*** with Enterprise.

Hmm.. I never had to sign anything at amusement park. Usually just bought the ticket and go in, that's it.

Also they often get sued for faulty equipments right? In the situation I brought up can you honestly say it's the amusement park's fault that someone intentionally injure another with the bumper car?

 

[franklin]

Effective 5/13/2014
31A-22-305. Uninsured motorist coverage.
(1) As used in this section, "covered persons" includes:
(a) the named insured;

That's your wife.

(4)
(a) For new policies written on or after January 1, 2001, the limits of uninsured motorist coverage shall be equal to the lesser of the limits of the named insured's motor vehicle liability coverage or the maximum uninsured motorist coverage limits available by the insurer under the named insured's motor vehicle policy, unless a named insured rejects or purchases coverage in a lesser amount by signing an acknowledgment form that:
(i) is filed with the department;
(ii) is provided by the insurer;
(iii) waives the higher coverage;
(iv) need only state in this or similar language that uninsured motorist coverage provides benefits or protection to you and other covered persons for bodily injury resulting from an accident caused by the fault of another party where the other party has no liability insurance; and
(v) discloses the additional premiums required to purchase uninsured motorist coverage with limits equal to the lesser of the limits of the named insured's motor vehicle liability coverage or the maximum uninsured motorist coverage limits available by the insurer under the named insured's motor vehicle policy.

(6) When a covered person alleges that an uninsured motor vehicle under Subsection (2)(b) proximately caused an accident without touching the covered person or the motor vehicle occupied by the covered person, the covered person shall show the existence of the uninsured motor vehicle by clear and convincing evidence consisting of more than the covered person's testimony.

That rule goes on continuously referencing bodily injury and never mentions anything about property damage, although you could argue it's implied and use the rule below to twist the meaning of things in your direction.

41-12a-103
4)
(a) "Motor vehicle" means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles.

Effective 5/10/2016
41-12a-301. Definition -- Requirement of owner's or operator's security -- Exceptions.

(2) Except as provided in Subsection (5):
(a) every resident owner of a motor vehicle shall maintain owner's or operator's security in effect at any time that the motor vehicle is operated on a highway or on a quasi-public road or parking area within the state; and
(b) every nonresident owner of a motor vehicle that has been physically present in this state for:
(i) 90 or fewer days during the preceding 365 days shall maintain the type and amount of owner's or operator's security required in his place of residence, in effect continuously throughout the period the motor vehicle remains within Utah; or
(ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's or operator's security in effect continuously throughout the period the motor vehicle remains within Utah.

(3) (5), the state and all of its political subdivisions and their respective departments, institutions, or agencies shall maintain owner's or operator's security in effect continuously for their motor vehicles.
(2)(b).
(4) The United States, any political subdivision of it, or any of its agencies may maintain owner's or operator's security in effect for their motor vehicles.

No mention of rental car companies. All of this is something worth contacting a local representative to have changed.

 

[Saint Cy of JFC]

But if the woman doesn't have the means to pay it why bother hiring a lawyer and go through all that trouble? Also costs money and lawyers can be really expensive.

Why not just file a claim with your insurer and let them do the chasing?

My advice is to get a lawyer to tell him his options. The company may be a fault. I have no idea.