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Auto Insurance Claims/unauthorized driver accident

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Expert: Charlie Barone - 5/25/2009


Question
"I rented a car in NY state and let my daughter drive unauthorized (close to midnight, the representative just shoved the paperwork at me without going over anything).   We were rear-ended and the other driver admitted fault.   Are we responsible for the damages and medical expenses?   If so, is there recourse via the other driver?"

Answer
Rental car contracts are notorious for being unforgiving, so they may hold you responsible for the damage to their vehicle. However, the admitted at fault party is ultimately responsible for all damages, so I would seek recovery from his insurance company. Send your notice of loss to the liability carrier of the guy that rear ended you by certified mail. Instruct them to coordinate the repair costs with the rental car company.

You may be also responsible for the loss of value the car sustained as a result of the damage, but again, that is the fault of the man that hit you in the rear.

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Charlie Barone

Expertise

For questions involving auto damage claims, collision repair, forensics, industry practices, we can help. We specialize in claims for loss of resale value (Diminished Value).

Experience

I have 30 years experience in the collision repair and body reconstruction field, both hands-on and from behind the desk. I hold a Master Certification from ASE in the Body and Paint category, as well as their certification in Estimating. I have authored over 120 feature and training articles for the largest trade journal devoted to the collision repair industry, and have given expert testimony in court dozens of times. Licensed physical damage appraiser in Pennsylvania and reciprocal states.

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