[btbossman]

Such a blower!!! Glad you're okay OP...From having live in MIA, I know...the drivers are bar none worst in the country.

[mmmmm235i]

Originally Posted by btbossman

Such a blower!!! Glad you're okay OP...From having live in MIA, I know...the drivers are bar none worst in the country.

I know I'm from NY and have never seen anything like this. I take the turnpike, have to pay, just to avoid 95 as much as possible, but its the only way for part of my commute. Driving on 95 is literally risking your life in South Florida.

[overcoil]

The rental car company checks for valid license and proof of insurance so that' there due diligence ?

I really do hope everything goes well for you, and I don't see why not.

Rear quarter panel replacement means cutting probably at the base of the C-pillar forward and down along the rear of the door jamb - cars are designed with these types of repairs in mind.

So replacement requires welding and filler.

A friend was telling me that body panel crash repair like on your car is not such a big deal, he is involved with some high end Italian cars and many if those crashes are over-steering into objects with their rear quarter-panels.

As far as detection of the repair after everything is completed - a pro will be able to detect it.

[btbossman]

Originally Posted by mmmmm235i

I know I'm from NY and have never seen anything like this. I take the turnpike, have to pay, just to avoid 95 as much as possible, but its the only way for part of my commute. Driving on 95 is literally risking your life in South Florida.

Lol I know, Its unbelievable...Biscayne too, I feel like those people don't even look before they pull out. I bet they are like fuck it, if I get hit, I get a check.

[mmmmm235i]

Good to know its not such a terrible crash as far as affecting the car structurally. I definitely go lucky he was inches away from real solid contact at high speed. So you are saying that if they check for drivers license and the person is not self insured that is enough to send them out with a 5k lb. machine screwing up peoples property. This seems so crazy to me, you would think a rental car company would be required to carry a certain amount of liability insurance for such situation and to protect their interest in their own cars.

Originally Posted by ScottSinger

The rental car company checks for valid license and proof of insurance so that' there due diligence ?

I really do hope everything goes well for you, and I don't see why not.

Rear quarter panel replacement means cutting probably at the base of the C-pillar forward and down along the rear of the door jamb - cars are designed with these types of repairs in mind.

So replacement requires welding and filler.

A friend was telling me that body panel crash repair like on your car is not such a big deal, he is involved with some high end Italian cars and many if those crashes are over-steering into objects with their rear quarter-panels.

As far as detection of the repair after everything is completed - a pro will be able to detect it.

[uberspeed]

Originally Posted by mmmmm235i

I know I'm from NY and have never seen anything like this. I take the turnpike, have to pay, just to avoid 95 as much as possible, but its the only way for part of my commute. Driving on 95 is literally risking your life in South Florida.

SoFla is bad, admittedly, but I've driven in NYC and it's no picnic either lol. Sucks you got hit, fix it and move on, disparaging comments about an area aren't going to fix your ride. Watch your 6!

[sstarrx3]

Sorry to see...look at my garage pics on Bimmerfest and see the damage on mine. I was hit on June 30th got my car back Sept 12th. Parts took a long time...did not get them until first of August. Took a month to repair. Over $11000 in damages. Still waiting to settle with Nationwide on $7500 in diminished value. I had less than 700 miles on mine when it happened. Carmax offered me $23000 for it after it was repaired. Worthless for trade now...going to drive the wheels off of it.

[overcoil]

Mmm235 are you saying the Malibu driver was NOT an insured driver? That he did not have car insurance? Or that his own insurance policy does not cover a rental car ( which is doubtful ) ?

If that is the case, then I would think the rental car company is at fault, and then there are the laws in Florida concerning uninsured drivers - but your insurance rate will not be affected if your insurance company pays for your damage due to an uninsured driver.

[Killramos]

Was the driver American? Good to make sure in case they flee the country. Can make sueing them much more difficult.

Make sure you get the drive train inspected if as you said you had a large bump. Though there is no visible damage to the wheel the drive train is NOT designed to take lateral shocks. If it was me i would even have the dealer inspect the inside of your diff while it is in there... Its no cost to you and the dealer would be happy to make a few extra bucks off buddies insurance.

[sstarrx3]

Originally Posted by Killramos

Was the driver American? Good to make sure in case they flee the country. Can make sueing them much more difficult.

Make sure you get the drive train inspected if as you said you had a large bump. Though there is no visible damage to the wheel the drive train is NOT designed to take lateral shocks. If it was me i would even have the dealer inspect the inside of your diff while it is in there... Its no cost to you and the dealer would be happy to make a few extra bucks off buddies insurance.

My right reel wheel had a tiny scratch on it after my accident and they replaced the wheel.

[bimmerbuff]

Originally Posted by mmmmm235i

Also the car that hit me was a rental car and on the police report they are listed as self insured. I'm not sure if the driver opted for the extra insurance coverage. My insurance adjuster told me that unless the extra insurance was paid for the rental company will cover their own car, but not mine EVEN IF it is their fault. I'm somewhat well versed in the law as a 3rd year law student, but it seems to go against principles of equity in tort that a rental car company can send out drivers with no responsibility/liability when that driver injures someone else. Anyone been in this unusual situation that can shed some light?

Can't it be paid out against the liability portion of the person's personal auto policy (assuming they have one)? I thought that's how it work with "full coverage;" the liability portion follows you everywhere no matter what car you drive (rental, borrow a friend's, etc.).

I could be completely wrong on this of course.

[five3three]

Insurance companies are required by law in most states to carry a liability policy on their vehicles that would cover anything that a liability policy typically does. They of course do not advertise this to the people who rent cars so they can upsell their add-ons.

Of course, if you live in a "no fault" state, none of this applies!

[krhodes1]

Originally Posted by mmmmm235i

Also the car that hit me was a rental car and on the police report they are listed as self insured. I'm not sure if the driver opted for the extra insurance coverage. My insurance adjuster told me that unless the extra insurance was paid for the rental company will cover their own car, but not mine EVEN IF it is their fault. I'm somewhat well versed in the law as a 3rd year law student, but it seems to go against principles of equity in tort that a rental car company can send out drivers with no responsibility/liability when that driver injures someone else. Anyone been in this unusual situation that can shed some light?

If the renter did not purchase the additional insurance, their personal auto liability insurance will cover this, assuming they have insurance. I have never in 20 years of renting cars for work had a rental company check if I had insurance though. Did you get their insurance details?

[overcoil]

Originally Posted by krhodes1

If the renter did not purchase the additional insurance, their personal auto liability insurance will cover this, assuming they have insurance. I have never in 20 years of renting cars for work had a rental company check if I had insurance though. Did you get their insurance details?

Your right about asking for proof of insurance, if you don't purchase their Loss Damage Wavier you signed off that your responsible for damages.

[mmmmm235i]

Originally Posted by uberspeed

SoFla is bad, admittedly, but I've driven in NYC and it's no picnic either lol. Sucks you got hit, fix it and move on, disparaging comments about an area aren't going to fix your ride. Watch your 6!

I have no idea why you came to this thread to stand up for south florida drivers. Yes, NYC driving can be intense due to the vast amount of traffic in such a small space, but this didn't happen in the city of miami or something its I95 and people in South Florida have no idea how to drive on an interstate. I am moving on an fixing the car but I shouldnt have to "watch my 6" because so many incompetent drivers

[mmmmm235i]

Originally Posted by five3three

Insurance companies are required by law in most states to carry a liability policy on their vehicles that would cover anything that a liability policy typically does. They of course do not advertise this to the people who rent cars so they can upsell their add-ons.

Of course, if you live in a "no fault" state, none of this applies!

This was my understanding of the situation. If the driver doesn't opt for the insurance it does not mean that the vehicle is uninsured. I would assume that the law would not allow rental car companies to deny liability when they rented someone a vehicle knowing that they could cause personal injury and damage to property. I just want to get the car fixed. So far I have a claim in with my insurance and have spoken with Hertz Rental Car (owner of the other car in the accident). Amazingly the other driver had not yet reported the accident despite the fact that the vehicle is totaled and will not be returned by the renter.

I don't think the driver has his own insurance policy (I got the impression he was renting a car because he did not have one). I got his information and he is not from out of the country, but the Police did not get any insurance info from him b/c I dont think he has it. Can anyone from Florida shed some light on this. My insurance company has determined that I was not at fault and are willing to cover me, but I'd like to keep my rates down by dealing directly with Hertz if possible.

[mmmmm235i]

Originally Posted by bimmerbuff

Can't it be paid out against the liability portion of the person's personal auto policy (assuming they have one)? I thought that's how it work with "full coverage;" the liability portion follows you everywhere no matter what car you drive (rental, borrow a friend's, etc.).

I could be completely wrong on this of course.

I believe you are correct, however, this driver does not have a personal policy. Based on the doctrines of equity I would think that I can sue Hertz directly and then in turn they would have to sue the renter to recover whatever they can. Technically/legally speaking Hertz rental car is a proximate cause of my injury and thus I would have the choice of suing either the rental company, the driver, or both. Given that the rental company has the greatest liability insurance I should be able to collect from them. Either way I'll keep everyone posted as the situation develops.

[mmmmm235i]

Originally Posted by sstarrx3

Sorry to see...look at my garage pics on Bimmerfest and see the damage on mine. I was hit on June 30th got my car back Sept 12th. Parts took a long time...did not get them until first of August. Took a month to repair. Over $11000 in damages. Still waiting to settle with Nationwide on $7500 in diminished value. I had less than 700 miles on mine when it happened. Carmax offered me $23000 for it after it was repaired. Worthless for trade now...going to drive the wheels off of it.

Damn, sorry to hear that is extremely unfortunate. Luckily the car is leased and I will no longer consider purchasing it at the end. I think I will have the car sooner because the dealer said it would take just a few days to get parts after checking availability. Hopefully I'll make out ok

[Sportstick]

Originally Posted by mmmmm235i

I believe you are correct, however, this driver does not have a personal policy. Based on the doctrines of equity I would think that I can sue Hertz directly and then in turn they would have to sue the renter to recover whatever they can. Technically/legally speaking Hertz rental car is a proximate cause of my injury and thus I would have the choice of suing either the rental company, the driver, or both. Given that the rental company has the greatest liability insurance I should be able to collect from them. Either way I'll keep everyone posted as the situation develops.

The proximate cause would be the alleged (pending a finding or admission) negligence of the other driver. Hertz, as the owner of the vehicle, would have financial responsibility. But, the car, itself, and/or the company are not a proximate cause. Either or both parties are subject to a cause of action. If you pursue Hertz, and were successful, they would likely then attempt to recover from the driver.

[chaswyck1]

I'm sure Hertz has this covered. Given their size and the number of cars they rent, I would guess that maybe dozens of their cars are involved in accidents every week nationwide by renters without insurance. I would be amazed if suing Hertz wasn't an exercise in futility. This story, as sad as it is, is a great example of why it's important to spend the relatively small amount of extra premium on "uninsured motorist" coverage on your own policy. Despite a mandatory insurance law in CA, it is estimated that perhaps 20% of all drivers do not have insurance. With a 1 in 5 chance that the person hitting me has a net worth of about three dollars, I gladly pay for uninsured motorist coverage.

Originally Posted by Sportstick

The proximate cause would be the alleged (pending a finding or admission) negligence of the other driver. Hertz, as the owner of the vehicle, would have financial responsibility. But, the car, itself, and/or the company are not a proximate cause. Either or both parties are subject to a cause of action. If you pursue Hertz, and were successful, they would likely then attempt to recover from the driver.

[mmmmm235i]

Originally Posted by Sportstick

The proximate cause would be the alleged (pending a finding or admission) negligence of the other driver. Hertz, as the owner of the vehicle, would have financial responsibility. But, the car, itself, and/or the company are not a proximate cause. Either or both parties are subject to a cause of action. If you pursue Hertz, and were successful, they would likely then attempt to recover from the driver.

Thanks for the feedback, but if a car rental company puts a driver on a road that they should know does not have insurance then they are just as responsible for the damage to my car just as much as the driver. By the way I have spoken with my insurance co. and the police and the other driver has been found to be at fault. That being said the idea of joint and several liability as you described above is to allow an innocent person "me" to recover from anyone (hertz and driver) who contributed to my injury and not get screwed because the guy driving did not have insurance and does not have 10-15k lying around to pay for my car. So, what I'm trying to confirm is that weather he has insurance or not will I at least be covered by Hertz?

Thanks Everyone

[mmmmm235i]

Originally Posted by chaswyck@yahoo.com

I'm sure Hertz has this covered. Given their size and the number of cars they rent, I would guess that maybe dozens of their cars are involved in accidents every week nationwide by renters without insurance. I would be amazed if suing Hertz wasn't an exercise in futility. This story, as sad as it is, is a great example of why it's important to spend the relatively small amount of extra premium on "uninsured motorist" coverage on your own policy. Despite a mandatory insurance law in CA, it is estimated that perhaps 20% of all drivers do not have insurance. With a 1 in 5 chance that the person hitting me has a net worth of about three dollars, I gladly pay for uninsured motorist coverage.

I do have the uninsured driver coverage, but is the car not insured by Hertz? It would have to be considering they are such a large company and most states require all cars on the road to be insured (although some states monitor better than others). Imagine if all rental cars on the road were uninsured and you just had to hope that the guy with $30, a drivers license, and a credit card would cover your car if they hit you. I just don't believe this, there are laws in place to deal with this sort of thing and I don't see why Hertz would not make me whole again for their negligence in turning their head while an uninsured driver used their car to destroy my property. Is anyone speaking from actual knowledge or experience, maybe provide a link to the law on this issue. Thanks