need advice

[♪alt13]

It's like you go to the theme park and go on one of those bumper cars. You tried to run over someone you don't like and he broke a leg. Does the theme park have the responsibility of ensuring you have third party insurance before you go on that car? Are they responsible for that person's broken leg?

I don't think they do. Only the driver should be.

What the f*** are you talking about? Amusement parks get sued all the time and at least at an amusement park I'd have to sign something that says "hey if I get injured you know...arbitration". I didn't sign s*** with Enterprise.

 

[The Midnight]

What the f*** are you talking about? Amusement parks get sued all the time and at least at an amusement park I'd have to sign something that says "hey if I get injured you know...arbitration". I didn't sign s*** with Enterprise.

Hmm.. I never had to sign anything at amusement park. Usually just bought the ticket and go in, that's it.

Also they often get sued for faulty equipments right? In the situation I brought up can you honestly say it's the amusement park's fault that someone intentionally injure another with the bumper car?

 

[franklin]

Effective 5/13/2014
31A-22-305. Uninsured motorist coverage.
(1) As used in this section, "covered persons" includes:
(a) the named insured;

That's your wife.

(4)
(a) For new policies written on or after January 1, 2001, the limits of uninsured motorist coverage shall be equal to the lesser of the limits of the named insured's motor vehicle liability coverage or the maximum uninsured motorist coverage limits available by the insurer under the named insured's motor vehicle policy, unless a named insured rejects or purchases coverage in a lesser amount by signing an acknowledgment form that:
(i) is filed with the department;
(ii) is provided by the insurer;
(iii) waives the higher coverage;
(iv) need only state in this or similar language that uninsured motorist coverage provides benefits or protection to you and other covered persons for bodily injury resulting from an accident caused by the fault of another party where the other party has no liability insurance; and
(v) discloses the additional premiums required to purchase uninsured motorist coverage with limits equal to the lesser of the limits of the named insured's motor vehicle liability coverage or the maximum uninsured motorist coverage limits available by the insurer under the named insured's motor vehicle policy.

(6) When a covered person alleges that an uninsured motor vehicle under Subsection (2)(b) proximately caused an accident without touching the covered person or the motor vehicle occupied by the covered person, the covered person shall show the existence of the uninsured motor vehicle by clear and convincing evidence consisting of more than the covered person's testimony.

That rule goes on continuously referencing bodily injury and never mentions anything about property damage, although you could argue it's implied and use the rule below to twist the meaning of things in your direction.

41-12a-103
4)
(a) "Motor vehicle" means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles.

Effective 5/10/2016
41-12a-301. Definition -- Requirement of owner's or operator's security -- Exceptions.

(2) Except as provided in Subsection (5):
(a) every resident owner of a motor vehicle shall maintain owner's or operator's security in effect at any time that the motor vehicle is operated on a highway or on a quasi-public road or parking area within the state; and
(b) every nonresident owner of a motor vehicle that has been physically present in this state for:
(i) 90 or fewer days during the preceding 365 days shall maintain the type and amount of owner's or operator's security required in his place of residence, in effect continuously throughout the period the motor vehicle remains within Utah; or
(ii) more than 90 days during the preceding 365 days shall thereafter maintain owner's or operator's security in effect continuously throughout the period the motor vehicle remains within Utah.

(3) (5), the state and all of its political subdivisions and their respective departments, institutions, or agencies shall maintain owner's or operator's security in effect continuously for their motor vehicles.
(2)(b).
(4) The United States, any political subdivision of it, or any of its agencies may maintain owner's or operator's security in effect for their motor vehicles.

No mention of rental car companies. All of this is something worth contacting a local representative to have changed.

 

[Saint Cy of JFC]

But if the woman doesn't have the means to pay it why bother hiring a lawyer and go through all that trouble? Also costs money and lawyers can be really expensive.

Why not just file a claim with your insurer and let them do the chasing?

My advice is to get a lawyer to tell him his options. The company may be a fault. I have no idea.

 

[Saint Cy of JFC]

I'm guessing the damages in all this are probably fairly small $$$ wise so the rental car company is trying to screw you since they know it's too small to justify hiring a lawyer to go after them for it.

 

[Keefe]

It's like you go to the theme park and go on one of those bumper cars. You tried to run over someone you don't like and he broke a leg. Does the theme park have the responsibility of ensuring you have third party insurance before you go on that car? Are they responsible for that person's broken leg?

I don't think they do. Only the driver should be.

What in the holy **** are you talking about?

 

[The Midnight]

What in the holy **** are you talking about?

You can't read?

 

[bigb]

The problem with hiring a lawyer is you'd be going up against Enterprise, which likely has ~10 lawyers on full time staff, specializing in this exact scenario, with a ton of experience fighting it.

Good luck.

 

[Keefe]

You can't read?

Only English that makes sense.

How is someone going to break a leg whilst on bumper cars?

Another awful Kinkkkk comp.

 

[Red]

So our insurance company is "investigating" and going to send out an adjuster. Sounds like we are at least going to be screwed 500 dollars for our deductible even though it wasn't our fault. I think that it's straight b******* the car rental company has no responsibility to make sure you're insured. I'm pretty sure even the racket that we call car dealerships have to make sure that you have insurance. If you don't have liability insurance then you should have to buy short term liability insurance from the car rental company or else they should be liable. This is some b*******.

I guess you know enough not to let your insurance company choose the body shop. That's a recipe for second hand parts. We had an accident in the summer of 2016 where a guy ran a stop sign, no plates, registered car, he had just finished buying from a private party, and no insurance. Car was undrivable. Had car towed to an auto body shop nearby. Did not know them at all. Owner handled my insurance company. He dealt with the adjuster, I never even spoke to the adjuster. He had experience dealing with insurance companies trying to cut corners. My company was Allstate, body shop owner said they were among toughest to deal with, but he got his estimate, not the adjuster's. All new parts. I have no idea how my insurance company recovered a dime. They sent me a letter saying don't expect to see a dime of my $500 deductible, but over the course of a year, in three checks, got all of the deductible back. Law says if the insurance company can recover at all, the first $500 had to be given to me, to reimburse my deductible. I caught a good break having my car towed to that auto body shop. He treated me like royalty, and I never had to put myself in a position to let my insurance company have their way. Good luck.

 

[RJF]

But if the woman doesn't have the means to pay it why bother hiring a lawyer and go through all that trouble? Also costs money and lawyers can be really expensive.

Why not just file a claim with your insurer and let them do the chasing?

Because then his premium goes up.

 

[Keefe]

Did people even read the OP?

He didn’t rent a car. Holy ****.

 

[Joe Bagadonuts]

Hmm.. I never had to sign anything at amusement park. Usually just bought the ticket and go in, that's it.

Also they often get sued for faulty equipments right? In the situation I brought up can you honestly say it's the amusement park's fault that someone intentionally injure another with the bumper car?

If the amusement park has the bumper car ride powered while people are walking around on the track then yes, they would be liable. They don't do that though, so you're example is bizarre.

And while you might not actually sign a liability waiver, I suggest you read the fine print on your ticket. Using the ticket is the same as signing something as far as the law is concerned.

 

[Gameface]

I guess you know enough not to let your insurance company choose the body shop. That's a recipe for second hand parts. We had an accident in the summer of 2016 where a guy ran a stop sign, no plates, registered car, he had just finished buying from a private party, and no insurance. Car was undrivable. Had car towed to an auto body shop nearby. Did not know them at all. Owner handled my insurance company. He dealt with the adjuster, I never even spoke to the adjuster. He had experience dealing with insurance companies trying to cut corners. My company was Allstate, body shop owner said they were among toughest to deal with, but he got his estimate, not the adjuster's. All new parts. I have no idea how my insurance company recovered a dime. They sent me a letter saying don't expect to see a dime of my $500 deductible, but over the course of a year, in three checks, got all of the deductible back. Law says if the insurance company can recover at all, the first $500 had to be given to me, to reimburse my deductible. I caught a good break having my car towed to that auto body shop. He treated me like royalty, and I never had to put myself in a position to let my insurance company have their way. Good luck.

Love a good small business owner who takes pride in their work! It can be amazing.

 

[Jack Strop]

I guess you know enough not to let your insurance company choose the body shop. That's a recipe for second hand parts. We had an accident in the summer of 2016 where a guy ran a stop sign, no plates, registered car, he had just finished buying from a private party, and no insurance. Car was undrivable. Had car towed to an auto body shop nearby. Did not know them at all. Owner handled my insurance company. He dealt with the adjuster, I never even spoke to the adjuster. He had experience dealing with insurance companies trying to cut corners. My company was Allstate, body shop owner said they were among toughest to deal with, but he got his estimate, not the adjuster's. All new parts. I have no idea how my insurance company recovered a dime. They sent me a letter saying don't expect to see a dime of my $500 deductible, but over the course of a year, in three checks, got all of the deductible back. Law says if the insurance company can recover at all, the first $500 had to be given to me, to reimburse my deductible. I caught a good break having my car towed to that auto body shop. He treated me like royalty, and I never had to put myself in a position to let my insurance company have their way. Good luck.

There are advantages to using the insurance co's body shop. Namely, the insurance company will have adjusters there. I have Allstate and they were complete assholes to deal with. Punished me for not using their body shop by not sending an adjuster out to the independent shop I found for a full week. All I was trying to do was find a local body shop that was open on Sat so I wouldn't have to miss any work. I've had Allstate for almost 20 years, simply because they offered the best bundle for home and auto. But I'll be shopping around; hey, I admit the accident was my fault; but don't treat me like I'm garbage because I FINALLY have to use insurance on a claim after 20 yrs.

And yes, it is nice to find a business owner who cares about his work and his customers. My car ended up being a complete loss, but at least I saw on the settlement he got to charge Allstate $1000+, mostly for "storage fees" . Good for him!!!

I've gotten away from the Walmart mentality. I don't mind paying a little extra if a local business offers superior customer service.

 

[JAZZGASM]

Check Utah Code section 31A-22-314. All vehicle owners, including rental car owners must have a minimum amount of insurance. If a driver if a rental car has insurance, the rental agency coverage may not be required. There is a chance Enterprise is on the hook. Your insurer and its attorneys should go after the driver and Enterprise...

If you arent in Utah, check your state law. Some states have far less favorable statutes (FL is a good example).