Quote:
Originally Posted by Noah930
In California, insurance rests with the car, not the driver. So Hertz owns the car, and Hertz (or ESIS) is liable. So thanks for the confirmation, G50 and ramone.
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I believe that's the primary assignment. I'm sure Hertz's rental contract with her puts her insurance on their car. I assume their car was damaged as well as yours, so I suspect that Hertz will go after her insurance. Maybe her insurance will admit if a claim has been made to them for the rental.
I suspect if her insurance claims no coverage, then Hertz is next in line. I believe the car's insurance is secondarily liable.
If it were me, I'd push on this a bit before giving up. It's not right for someone to be driving in CA without insurance. One or both insurance companies are trying to wiggle out of this. This has to be a simple legal situation. Your insurance company won't even give you an opinion? This is their business.
If it goes nowhere, take it out of Mrs. Noah's allowance.