Legal Question in Insurance Law in Massachusetts

Loss Damage Waiver

My sister rented a car for the weekend and waived the insurance. Problems is she does not have any insurance of her own, and got rear ended by a car that ran a light at an intersection.All information was exchanged & reported.The rental Claims Dept informed her that the other guys insurance company was liable. 2 weeks later the rental car company is claiming that the damage is $6000+ and wants her to pay. Shouldnt the other guys insurance pay for the damage? Can't she fight this?


Asked on 12/18/06, 10:15 pm

1 Answer from Attorneys

Re: Loss Damage Waiver

Your sister can 'fight this' but not the way you think. She can file a lawsuit against the guy who rear ended her and and his insurance company; part of her damages will include the $6,000 that she has to pay to repair the rental car. Without having her own insurance, she will have to do all of the work the leg work involved in legally settling a claim; the rental car agency is not required to do this for her.

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Answered on 12/19/06, 9:09 am


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