g550

I think there are several factors that make this a complicated "who's responsible and who pays" situation:

LDW is a product that waives the renter of any responsibility resulting in damage or loss to the rental car, not another party's vehicle/property. ALI, is the additional liability insurance that a renter can purchase that would cover any vehicle/property the renter damages.

Most rental car companies are self insured and their coverage would only apply if the renter didn't purchase ALI. However, like lexneffect pointed out, it happened in a parking lot. The rental car company is going to do whatever they can do affirm that position (my guess), so that they only have to worry about their own damaged property, if any. Which, I'm guessing they can more easily pursue through their customer.

If the customer did purchase the ALI, then I'm guessing that the under-writer for the ALI is also going to try to point out that it happened on private property (again, my guess). I'm not sure how much validity or how persuasive the renter's admittance of guilt or the mall's report is going to be to convince the under-writer to pay up.

Either way it sucks. I hope the renter is honest, and even though he's out of the country that he keeps his promise to make whole. Many people forget that mall or shopping center parking lots are private property. Hell, they even have standard street signs and road markings that make it look like you're on a regular road!

My suggestion is to pursue it through every angle: the rental company, the renter and through your own insurance. The way I look at, we pay good money to our insurance companies, so insist that they do some leg work for you. If your state doesn't have any specific laws for private property incidents then perhaps your insurance will classify it as a uninsured motorist claim. Some policies will half or even waive your deductible in those cases.

I have my fingers crossed for you! Btw, I don't work for an insurance company...I've just had too many buddies get into various wrecks!

KingTX1981

Why bother? She wouldn't be able to pay any fines, and the court time would be a waste of taxpayer money. In the off chance that she went to jail, that would cost the system more.

Ugh. Not a fan of 'noncontributors'.

LIMS407

well adjuster came out few days ago check out the car,,he told me i should have check by few days,,it seems everything is going smooth so far,,

LIMS407

adjuster told me they cant hold of the guy for statement so i have to wait until they do,,,

worker

but the mall police did have the statement right?

LIMS407

no, mall security just gave us driver exchange form,,,they dont get involve with accidents since they are not cops,,,also cops didnt come out since mall parking lot is private property,,,i am in no win situations here ,,,

worker

don't they have to do a report on anything happen on their property?

arnieosp

iTrader: (1)

In this case if i were you, I'd file a claim against my own insurance under the uninsured motorist coverage, and let them deal with the rental company's insurance.

LIMS407

i know,,,i thought everything was goin smooth since appraiser came out from another insurance and told me i should get the check within 5 days,,if nothing happens in few days i have no choice but file a claim with my insurance company,,,i just knew this was gonna happen in my gut,,,damn tourists,,