My question involves insurance law for the state of: California
Story:
Out of state female driver rents a car from a local California major rental company. She does not take their insurance but uses hers (State Farm). She tries to parallel park and cuts it too soon and crushes an expensive car's fender. The car can range in price from $50,000 - $100,000 depending on condition of car. Car had no prior accidents, clean title
Anyway, information is exchanged. We contacted the rental company since it's their car that hit ours. After over a month they get back to us via letter and phone call to say according to California State Code you have to peruse the driver not us because she didn't take our insurance.
Well I looked up the State Code and it says the owner of the car is liable, not the driver of the car. (Their liability is statutorily limited by California Vehicle Code Section 17151)
Question:
Unless I read the Code wrong, isn't the rental company wrong about who is responsible? The contract is between the driver and the rental company, not me. The Rental company is liable to pay me. I shouldn't have to go after the driver. If they don't can't I can sue the rental company directly since it's their car that hit our parked car. Let the rental company go after their driver.
Second, if the above is true that the rental car is liable in my case. Why does the rental company send out letters saying they are not liable but to go after the driver. Isn't that illegal to make people think the Rental Company is not liable?
Thank you
Story:
Out of state female driver rents a car from a local California major rental company. She does not take their insurance but uses hers (State Farm). She tries to parallel park and cuts it too soon and crushes an expensive car's fender. The car can range in price from $50,000 - $100,000 depending on condition of car. Car had no prior accidents, clean title
Anyway, information is exchanged. We contacted the rental company since it's their car that hit ours. After over a month they get back to us via letter and phone call to say according to California State Code you have to peruse the driver not us because she didn't take our insurance.
Well I looked up the State Code and it says the owner of the car is liable, not the driver of the car. (Their liability is statutorily limited by California Vehicle Code Section 17151)
Question:
Unless I read the Code wrong, isn't the rental company wrong about who is responsible? The contract is between the driver and the rental company, not me. The Rental company is liable to pay me. I shouldn't have to go after the driver. If they don't can't I can sue the rental company directly since it's their car that hit our parked car. Let the rental company go after their driver.
Second, if the above is true that the rental car is liable in my case. Why does the rental company send out letters saying they are not liable but to go after the driver. Isn't that illegal to make people think the Rental Company is not liable?
Thank you
Auto Insurance: Crash
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