Expert: Bennie719 - 1/6/2008

Question
I was diving in Idaho and spun out an dropped (overturning) on a canyon road due to a patch of ice on an otherwise dry road. (No visible snow, rain or any other indication of hazardous weather condition.) I am a resident of California and insured there. I was driving a rental vehicle. Am I 100 to blame for this? Does Idaho law apply or California law? The rental was through AARP contract with Alamo which stipulated the maximum liability for the vehicle would be 5000.00. No ticket was issued. how will this effect my rating?

Answer
Hi Gregory,
In insurance terms, you had a 'solo loss of control' accident.  Since there is no 3rd party that could be held liable, you are considered 100% at fault.
Idaho insurance law applies since that was the state where the accident occured.
If you carry your own personal auto insurance policy, the rental car is usually considered a 'temporary substitute automobile' and you policy stands in the background to fill in any 'gaps'.  You need to report this accident to the rental company as well as your own company.
one fault accident will increase your rates on your personal policy, you will need to ask your own agent to learn the approximate amount.
Bennie