Expert: Anne - 7/22/2008

Question
Hey guys, Great Forum.. I had a quick question. I have a car that was hit by an Enterprise Rental Car - The Rental car was stolen when it hit my car and I got a copy of the police report. I only had liability on my car. Can I take Enterprise to small claims court or will they be able to say that it was not permissive use and they are not liable??  Thank you for all advice and answers.

Justin

Answer
Hello Justin,

Well, this is a very hard one without all the facts (the policy that Enterprise has). Generally speaking, auto policies do not cover for the liability of the “thief.” In other words, Enterprise’s policy probably covers their own car but not the damages done to yours.

If you do not have collision or uninsured property damage, you have to prove that Enterprise was at fault in anyway. For this, you are going to have to find out all the facts about the theft. Did enterprise let the vehicle running? Did they let the keys in the car? Are they in a bad area, etc.

I hope this helps some.

Good Luck
Anne
http://www.auto-insurance-claim-advice.com