Legal Question in Personal Injury in West Virginia

Re: Rental car accident

It is not likley that Hertz can be held accountable. There must be a recognized theory of recovery in tort or in contract, such as allowing a known incompetent driver to take the car or providing a defective car to your friend. All the facts must be evaluated by a lawyer in OK and in the other states which may have a nexus to the event. It is true that any insurance applicable to the car is primary as far as medical payments are concerned. Third party coverage may be available as available to any other person who is responsible for the accident in any degree, including other drivers, or the state if there is a defect in the road, etc. The next coverage to be applied and exhausted is the driver's insurance or any principal for which the driver was agent such as an employer. The next level of coverage would be your own underinsured and uninsured coverage including separate policies written for adult members of your household. The facts may open up other sources of compensation. Since your injuries were severe, you should consult a lawyer. Your circumstance is fee generating and the lawyer should provide a consultation at no cost and charge a fee only upon recovery.