Legal Question in Personal Injury in Texas

Can two insurance companies be liable?

Husband was in a motorcycle accident,broken leg, surgery ect. Driver of cars fault was issued a citation for failure to yeild. Driver was in a rent a car, has insurance but not enough for all bills. Is the business she rented the rent a car from responsible for the remainder of the bills? She did not purchase the extra insurance from the business she rented the car from.


Asked on 8/24/05, 2:18 pm

1 Answer from Attorneys

William Featherston Grissom, Richards & Featherston

Re: Can two insurance companies be liable?

this is a great question and one that is a persistent problem for those injured by operators of rental vehicles.

if the rental car company and the operator agreed that the operator's insurance would be used for liability coverage, it is my position that the operators coverage is primary and the rental car insurance is "excess" and once all of the primary coverage is offered then the rental car coverage should then kick in so to speak.

some rental car companies are refusing to allow their coverage to "kick in"; further, our congress passed and our president signed just recently a little known provision that was buried deep in the federal highway bill to provide immunity to rental car companies in certain situations.

how you proceed is very important; their are some procedural aspects to your claim that, if not followed correctly, could result in loss of your rights in this matter.

i strongly suggest that you contact a board certified personal injury trial attorney with experience in these types of cases and obtain an evaluation of your case.

i hope this helps. bill featherston

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Answered on 8/24/05, 7:14 pm


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