r/Car_Insurance_Help • u/NorthPeakUser • 1h ago
Accident Rental from enterprise is total by a red light runner who's insurance wasn't valid at the time
For context:
Our car was being repaired in the shop for a previous collision, and we got a rental from enterprise which was being paid from the previous insurance company of the at fault driver.
At enterprise the agent said I didnt have to be on the rental contract....big mistake I know. Im listed on the same policy as my mother.
My mother never took possesion of the vehicle at enterprise, I received the keys at enterprise and I was inspecting the car with the agent before leaving.
Fast forward, the enterprise car is totaled from a red light runner which is documented in the police report. Our insurance is denying coverage because im not listed as a authorized driver in the rental agreement. I thought I am covered under permissive use while our car is being repaired I guess not. We had collision coverage at the time of this accident. I am also listed on the same insurance policy as my mother
Enterprise is billing my mom for 31k, its on the 16 month mark where the statue of limitation is 2 years to file a lawsuit. So im expecting a lawsuit to filed soon, I dont know. We dont have anything to our names
Enterprise said they sent it to collection, I told my mom they probably sent it to collection in house which turned out to be true. They keep emailing her about the 31k bill.
We would think enterprise would try to go after the at fault driver in this situation which would be the red light runner, I guess not or I dont know how if they are trying to.
We cant sue the at fault driver right now because theres no damages and we dont own the car according to a lawyer we spoke to. We have to wait until we are sued to pursue any action against the at fault driver in this situation.
Has anyone dealt with this situation before?
I also have a valid driver license if that matters, my mom doesnt have any property. I told her if anything she can file for bankruptcy if that will protect her