CATEGORIES

  Home
  Aircraft
  Boats & Boating
  Buying & Selling
  Car Audio
  Car Makes
  Commuting
  Insurance & Registration
  Maintenance & Repairs
  Motorcycles
  Rail
  Safety
  General

GF totaled van I rented from agency - who's insurance pays and...??


Question: My girlfriend's van is in the body shop for a previous accident. I took her van into the body shop and rented another mini-van from the body shop in MY name and under MY insurance policy. The other morning my girfriend totaled the rented mini-van.
So here I have two questions:
1. Since girlfriend was operating rented vehicle does her insurance company cover the loss and pay the body shop off ? Or do need to report this and make a claim to my insurance company.

2. The body shop owner is very understanding and pretty much unconcerned with the totaled vehicled. However, he did ask me on the phone who was going to pay the deductible, me or girlfriend. This mini-van was previously totaled and has a reconstructed title - should either of us be held responsible to pay the body shop (owner of van) a $500.00 deductible for a previously totaled van ?
As one can guess the shop owner rebuilt this prior totaled vehicle on the cheap. I wouldn't think he would be entitled to deductible.
Answers: Did you have an actual paper rental contract or a verbal contract? Was this a loaner or an actual rental ?
Does the body shop's commercial auto policy allow for loaning the vehicle to customers? This can make a difference. Was your GF a driver listed on the contract or not? If she was not a listed operator on the rental contract, there is no coverage anywhere due to nonpermissive use (only the vehicle OWNER can give permission for someone to drive the vehicle. The owner is the body shop, not you). Does she have a policy in HER name or is she only listed as a driver? If she is only listed as a driver on her policy, then, NO liability coverage would come from her policy to a nonowned vehicle.
The best thing to do is to report the accident everywhere, all insurance companies that could be involved. Hope the accident is covered somewhere. Was she at fault? Did she cause damage to someone else?
Good luck to you.
BTW, if the body shop's commercial policy pays out, they will subrogate against probably both of you for the damages to the rental, they will go after both the damages to the vehicle and the body shop's deductible.
WHY WOULDN'T HE BE ENTITLED TO THE DEDUCTIBLE, HE DIDN'T WRECK IT.WHETHER IT WAS REBUILT OR NOT DOESN'T MATTER, YOUR GIRLFRIEND WRECKED IT.CHEAP PEOPLE LIKE YOU WHO REFUSE TO TAKE RESPONSIBILITY FOR THEIR ACTIONS SHOULD BE SHOT. PAY UP! STOP LOOKING FOR SYMPATHY AND SHOW SOME RESPONSIBILITY. HE SHOULD MAKE YOU PAY THE WHOLE AMOUNT OUT OF YOUR POCKET.


More questions & answers: