Under age driver on a rental car?
Monday my wife and I got into an accident with a 17 year old driving a rental car. Now if I am correct you have to be 21 years of age to drive a rental car? Can the rental car company do anything to the parents who most likely signed for the car? Also besides the legal action we plan on taking for pain and suffering plus the damage done to my car do I have the right to sue the parents because they let him drive the rental car?
Update:To begin with I am not sue happy. Yes I am upset my 7 month old daughter was in the car. You try to deal with the idea that your seven month old could have been hurt more seriously. So yes I am pissed because my wife and daughter were in the car and if you have a problem with that deal with it?
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Depends on the rental company, some will rent to 17 yr olds but with a lot of insurance costs, others won't rent to under 25's
If the car was rented to the parents and the rental company weren't told about the 17 year old, then the parents are responsible for the cost of repair, and the rental company may sue them for breach of contract.
You'll need to get the details from the rental company, either way if it was the rental vehicles fault, there insurance will cover it.
Lots of factors aren't there?
The rental company will most likely be able to defer EVERYTHING to the "Renter." Even if they did buy the "cover anything" insurance from the rental company, they will find that there is most likely a clause that indemnifies the rental company against underage or non-qualified drivers. The rental company will have the same language as part of their standard contract.
The only way you can do to the rental company is if they rented to a 17 year-old with a real or fake ID for failing to verify ID, etc. And that a contract with a 17-year old is not normally considered legal since they are a minor.
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The "Renter" will be responsible for everything. That being said, they will be respoosible to the rental company to repair/replace the car. The "Renter" will also be responsible to you. Now their insurance kicks in.
Are they adequately insured? Did this driver have a rider policy on their coverage? If none of them had insurance, you are screwed just as you would be if they were driving their own uninsured vehicle. If the person who signed is not covered by auto insurance. It is possible that they may have homeowner's or renter's insurance which may cover general property damage caused by the policy holders.
As with anything of a legal nature, I highly recommend consulting an attorney in your area - for the laws from state to state and in various regions within a state can vary greatly.
As for the rental car being driven by a 17 year-old, I would agree that there is no real way that the agency which rented the car to (most likely) this person's parents could know that he would end up driving the vehicle. As such, the insurance policy carried by the rental agency may not cover the accident (as the insurer will most likely claim that the rental company acted in good faith and that it was the renters who did not). It seems to me that you're going to have to file a claim against the insurance carried by the rental car company, but will wind up suing the renters of that vehicle as their *idiot* child managed to void out any coverage they had for mishaps on the car.
But again, contact a reputable attorney before attempting any action.
You don't have to be 21 to drive a rental car. The rental car company just charges more money for those who are underage. You are getting your money out of the insurance company. The parents of the teen pay for the insurance to cover all of them. So why are you even bothering to think about suing the parents? Unless you know what the signed contract between the rental car company and the parents say, you have no right to sue there.
I am 15 and have my permit. i have tried to drive my fathers rental cars numerous times. You have to be 25. Yes, he is uninsured so that wont be good for them, so basicaly, they will have to pay everything with no insurance, including the rental car. Sorry to hear about your accident
You seem awfully anxious to sue everyone. Why not shoot for getting your car fixed and a little bit for your trouble. I can't argue in favor of the 17 year old driving the car, but if you view that as a jackpot for yourself, you are going to be disappointed.
File any claims with your own insurance company. They will go after the appropriate party for reimbursement. For anything not covered by your own insurance, consult with a local attorney for advice on how to proceed.
Waa, waa, boo-f***ing-hoo for you. You ARE sue crazy, you can't wait to get into court because you have been waiting for the insurance lottery to hit you for years.
Go get your snake lawyer -- he will take half of everything you settle for.
PS -- just because you have a lawyer does NOT make the claim worth one cent more.
You are in for one hell of a life lesson cry-baby.
And another thing....go p*** up a rope you foul mouth little mammas boy.
so amazed that I found this question already answered! It's like you've read my mind!
I agree with the above response