Legal Question in Insurance Law in Louisiana

Two states; one big mess

I live in Arkansas. My van, being driven by two employees, was rear-ended by a rental car from Louisiana. The insurance company does not want to pay the claim because the driver was not an ''authorized''driver. The driver had not auto insurance, the person who actually rented the car had no insurance, and the rental car company says it only carries liability insurance on its rentals. So who do we go after? It seems to me that if the insurance company can get out of paying the claim, then the rental car company should have been responsible for making sure the rentee had actual insurance coverage. Thanks for your help!


Asked on 2/25/03, 11:10 pm

2 Answers from Attorneys
Richard Orintas Orintas Law Firm

Re: Two states; one big mess

You can proceed in the AR Courts against the LA Driver if the accident occurred in AR irrespective of his having insurance or not...You may also be able proceed against your own insurance company but that depends on the coverage language in your policy which should be reviewed by an attorney first...

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Answered on 2/26/03, 3:09 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Two states; one big mess

There are a couple issues. It appears the accident happened in Arkansas, so as a Louisiana Lawyer, I cannot quote Ark law. Your cause of action would be in Ark. If the driver was not "authorized", then the insurance purchased by the renter from the rental company probably does not provide coverage. Also, if the car was not "authorized" to leave the state, then that might void the coverage. However, the rental contract should be reviewed by an attorney to better advise you.

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Answered on 2/26/03, 9:39 am


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