WHAT INSURANCE DO I GET PAID BY WHEN THE OTHER DRIVER IN AN ACCIDENT IS IN A RENTAL CAR?
It is really important to understand the order of liability insurance coverage applicable to a car accident (or any accident). The reason that is important is because if you cannot establish what insurer is really on the hook for damages first, the insurance companies will constantly say that the other one needs to pay up first. You will basically be in a constant state of limbo and the insurance companies will really jerk you around.
CAR WRECKS INVOLVING RENTED VEHICLES CAN CAUSE CONFUSION OVER THE FIRST RESPONSIBLE INSURANCE COMPANY.
One instance in which the order of insurance liability can really be a problem is when you are involved in auto accident with a vehicle that is rented.
Fortunately, Georgia law is really helpful in clarifying the order of applicable liability against insurers (and the rental company if it is self-insured):
OCGA § 33–34–4 still requires car rental companies to insure the cars they own, but they enjoy special treatment in terms of coverage priority on cars rented to the public under OCGA § 40–9–102. Under OCGA § 40–9–102, the renter's liability insurance coverage is primary, and the rental company's liability insurance coverage is secondary *371 or excess. Code section 40–9–102, therefore, reverses the usual order of liability coverage inasmuch as the renter's coverage is primary and the owner's coverage is secondary.(Citations and punctuation omitted.) Zurich American Ins. Co. v. Gen. Car & Truck Leasing System, 258 Ga.App. 733, 735(2), 574 S.E.2d 914 (2002).
Hix v. Hertz Corp., 307 Ga. App. 369, 370–71, 705 S.E.2d 219, 221 (2010).
OUR AUTO ACCIDENT ATTORNEYS WELCOME THE OPPORTUNITY TO HELP YOU UNDERSTAND WHO IS LIABLE FOR YOUR INJURIES AND DAMAGES.
If you have been involved in an accident with a rented car, The Sessions Law Firm, LLC, can help you understand how you may recover for your injuries, and we can help you obtain the recovery that you deserve.
Contact us at:
The Sessions Law Firm, LLC
544 Mulberry St., Ste. 319
Macon, GA 31201
Tel: (478) 254-2665