Any advice would help!

[juzlookzfazt]

A friend of mine got into a car accident. She wasn't at fault and the individual that crashed into her is a tourist from Brazil and not a US-citizen. Apparently he opted out of the car insurance for his rental. She got the car back already and had to pay her deductible. Does she have any recourse? What are her options?
We live in Florida.

 

[svtcop]

A tourist? :bs:

What rental company rented the vehicle to them?

 

[19mustang95]

I have no advice, but i was in a similar situation, but luckily the freakin tourist i got into the accident with bought the insurance.

 

[CobraBob]

From what you posted, she went through her own insurance company to get this fixed. I'd say she is not going to get her deductible back. The tourist is now back in Brazil and she would have to hire an attorney since her insurance company is not going to spend the time and money to chase him down. I would hope that she talked this over with her insurance agent before proceeding with the claim, and that she would have asked the agent at that time if she would get her deductible back. :shrug:

 

[WHITESVTCOBRA]

I'd say go after the rental car company and they will in turn go after him...We had a simular situation in the Bahamas where a local hit our rental car then tried to drive off but we followed until police showed up and got her information. But we still ended up having to pay for the damage to our car since the Bahamian Police dropped the ball on things and "Lost" the ladies information for the rental company.

 

[FordSVTFan]

I'd say go after the rental car company and they will in turn go after him...We had a simular situation in the Bahamas where a local hit our rental car then tried to drive off but we followed until police showed up and got her information. But we still ended up having to pay for the damage to our car since the Bahamian Police dropped the ball on things and "Lost" the ladies information for the rental company.

Agreed. The car is owned by the rental company, they cant disclaim their liability because the renter decided not to buy their additional insurance.

 

[juzlookzfazt]

Hmm..good advice. Any legal backing? Laws, statutes etc?

 

[Sonic605hp]

The Hulk is accurate; I worked for Enterprise for a minute or two.

 

[CobraBob]

Agreed. The car is owned by the rental company, they cant disclaim their liability because the renter decided not to buy their additional insurance.

Hmmm, that is some great advice. Definitely go after the rental company.

 

[Boomer182]

I have heard that the renter is responsible for any accident or damage to the vehicle, if the opt. out of insurance. Does she have uninsured motorist just in case?

 

[FordSVTFan]

I have heard that the renter is responsible for any accident or damage to the vehicle, if the opt. out of insurance. Does she have uninsured motorist just in case?

In every state a car must carry at least basic liability insurance, this includes rental car companies, even though they may be self insured. The additional insurance rental companies sell is to cover the damage to the rental car so the renter does not pay to repair it.

 

[Boomer182]

So basically, you would be ok as far as a wreck goes. The renter would just be responsible for the rent car only correct. I have only rented 3 times, and I always have insurance on them.

 

[Sniperdog]

15 yrs ago.,. I worked for enterprise as well.,., and all foreigners HAD to buy our coverage due to not having correct coverage from there own ins :shrug:

 

[Boomer182]

15 yrs ago.,. I worked for enterprise as well.,., and all foreigners HAD to buy our coverage due to not having correct coverage from there own ins :shrug:

Im sure now they have changed that, by saying thats racist or some BS like that, it wouldnt shock me.

 

[oldmodman]

And don't forget that since the rental bill was most likely paid with a major credit card, and since all insurance was declined, the credit card covers the damage under the cards policy.

 

[HYBRED]

And don't forget that since the rental bill was most likely paid with a major credit card, and since all insurance was declined, the credit card covers the damage under the cards policy.

I was just going to say this. I know in the agreement for my Discover card, it said specifically that if it's used for a rental car, no insurance is needed because Discover will cover it.

 

[juzlookzfazt]

I cant assume the tourist paying with a credit card but that's a good point. Think the rental company will tell her to go pound sand? lol What if she manages to get her insurance company to go after the rental company's insurance?