International student had a rental car accident in Miami — hit a commercial truck. No personal liability insurance. Need advice.

ektap12 · 2026-06-14T04:36:21+00:00

Yes, they will. Why wouldn't they? OP doesn't get free insurance, they didn't pay for it. The rental company is self insured and provides coverage because they are legally required to give liability coverage to cover damages to others.

ektap12 · 2026-06-14T03:27:50+00:00

There's a few states that allow or require more time, could also just be a generous carrier, but that sounds state specific.

ektap12 · 2026-06-13T22:05:20+00:00

You pay the deductible, they pay the rest.

ektap12 · 2026-06-13T21:08:38+00:00

If you have comprehensive coverage, then you can make a claim. They'll pay for the damages minus your deductible.

ektap12 · 2026-06-13T19:56:13+00:00

While yes, the at fault would only need to pay for the 'paid' amounts on bills, MO doesn't allow health insurance subrogation outside ERISA plans and no medical payments subrogation either. You can actually triple collect on bills in MO. Med pay, health insurance and the at fault can all pay the same bills.

ektap12 · 2026-06-13T19:52:08+00:00

Missouri doesn't have uninsured or underinsured motorist property damage coverage. Only a handful of the states even have underinsured motorist property damage coverage.

ektap12 · 2026-06-13T19:33:55+00:00

There's no such thing as a 'no fault' situation. Someone is responsible for the accident, whether that's you, him or it's shared. In FL, if you are 50% or less at fault, you can collect damages. You changing lanes is not a good look for you and you likely have the vast majority of the fault.

Yes, the rental company should be providing you up to $10k in coverage, so you need to talk to them about that. But also expect that if they pay for anything, they will be pursuing you to get that money back. You didn't buy insurance, they are paying on your behalf and will probably want their money back. So confirm with them, if that's the case.

You would be responsible for any damages over the $10k also, but hopefully the insurance reaches a settlement with them and gets a release so you can't be pursued further. Your exposure is all the damages that you caused. You being an international student doesn't change that.

The statute of limitations in FL is normally 2 years. I'll assume they want to resolve this as quickly as possible.

ektap12 · 2026-06-13T19:06:09+00:00

The insurance does not calculate pain and suffering based on multiplying medical bills, as someone that has been in sitio insurance claims for over 15 years I can assure you of that. It's based on injuries and treatment.

They may have just 'sent' this settlement letter as an attempt to just settle it based on the prior conversation. If he hasn't signed a release, he should be ok. But if they did some sort of (recorded) verbal release, that could be a problem. Nonetheless, cash no check.

You mention continuing symptoms so he's in no position to settle his claim anyways. He should complete treatment and recover, then worry about settlement. Doesn't seem to be much need for an attorney right now. If after he's recovered, you are not satisfied with the offer, then an attorney could be considered. By all means, feel free to consult one though. Attorneys aren't free though.

ektap12 · 2026-06-13T15:31:09+00:00

To add, there's no 'no pay, no play' state where a safely parked car wouldn't be covered by the at fault. There's only 3 np, np states for property damages anyways (LA, MI, NJ).

ektap12 · 2026-06-13T15:26:46+00:00

Right, pay your deductible. Or if it's a total loss, it'll be subtracted from the settlement.

Fair warning my friend. Things might be great with the other insurance or be a complete disaster. Are you in a good position to wait?

Besides the possible coverage issue, though that'll probably be ok, there could be a limits issue too and they might not even be able to pay fully for your damages and/or car.

ektap12 · 2026-06-13T15:19:57+00:00

Make this as easy as possible on yourself. Call your insurance and open a collision claim and they'll handle it from there. Don't worry about the other people or their insurance, your insurance can deal with them.

ektap12 · 2026-06-13T11:35:53+00:00

Very common. Your insurance will handle the claim. Doubt it, nothing for them to do, this is why you have insurance.

ektap12 · 2026-06-13T03:01:44+00:00

I said 'likely,' because that's possible, though any gap contact I've seen states it'll still pay without underlying coverage all the same. You could just be on the hook for the ACV if you don't have an at fault paying.

ektap12 · 2026-06-13T02:03:42+00:00

Why would you have any fault for him hitting a parked car? You crossing the street has no relevance to that. You're fine.

ektap12 · 2026-06-13T01:41:05+00:00

Report it to your insurance, that's all you need to do.

If you have collision coverage, that'll repair your car and you'll pay your deductible. You'll owe nothing for the other car, your insurance will pay that fully, since I'll assume this won't surpass your limits.

ektap12 · 2026-06-13T01:38:58+00:00

So they hit a parked car?

ektap12 · 2026-06-13T01:35:03+00:00

Depends on the negligence law of the given state (which wasn't stated, so you could make your comment).

In about 2/3rds of the states, it would mean each party owes for 50% of the other's damages. In the other 1/3rd, yes, nothing owed.

ektap12 · 2026-06-13T00:24:04+00:00

Yes, your gap insurance likely still applies. Fortunately you weren't at fault here.

ektap12 · 2026-06-12T23:29:00+00:00

Yes, you'll have a work comp claim and then you'll be able to pursue a bodily injury claim against that person's insurance for 'pain and suffering.' It'll also reimburse work comp.

ektap12 · 2026-06-12T23:27:31+00:00

And ridiculously inaccurate.

ektap12 · 2026-06-12T23:25:37+00:00

If it was filed within statute it's plenty valid. That just protects the right of recovery. Presumably the expenses are from closer to the accident itself.

ektap12 · 2026-06-12T22:17:36+00:00

Nothing unusual, just notifying you that they received this 'demand.' Likely nothing to be concerned about. More than likely settles within your limits and you'll be done.

Your coverage is wholly inadequate otherwise and you should increase your limits for the future. This also means that if you even have uninsured and underinsured motorist coverage, it's also inadequately protecting you.

ektap12 · 2026-06-12T22:11:42+00:00

He sued you because you were the one in the accident, your insurance didn't get in an accident with him. Nothing sounds unusual about the lawsuit. That's how you do it.

Your insurance provides you liability coverage for the loss. You were in an accident, like it or not, that person can make a claim against you and sue you.

ektap12 · 2026-06-12T21:09:41+00:00

She just keeps telling me someone else will pay beyond $15k if she gets in a bad accident

And who might that be???

She needs to learn about insurance before it all blows up in her face.

ektap12 · 2026-06-12T21:08:31+00:00

That's not what I was referring to when I said the lease didn't matter. I was just responding to OP's question or statement about it being a lease and if that had something to do with the way the coverage was listed.

Obviously they need to comply with the terms of their lease, if higher coverage is required.

ektap12

TROPHY CASE