Legal Question in Insurance Law in Washington

Re: Non-onwer Business Rental Car Accident

As an Oregon attorney, I can only respond in accordance with Oregon law. In Oregon, there should be some insurance covering either your son or the vehicle that he was driving. Defense of the case should be tendered to the insurance carrier. If he was a named insured under your policy, he may have coverage for any vehicle that he drives. he may also be covered by the employer's auto policy or umbrella policy if they have one.

Assuming that the accident was caused by his negligence, then he would be legally liable for any damages caused by the accident, including damage to the rental car.

One note, in Oregon, we require all drivers to have insurance. It is possible that one could argue that the rental car company (owner of the car) is required by law to carry insurance which would cover your son's driving or at least that they should have required proof of insurance before renting the car. They may still would have a subrogation right to recover for their property damage.

This is a complex area of the law that is not yet settled. I recommend that you consult with an experienced insurance attorney before making any settlement.

Good Luck