Car Accident:

Liability in Special Situations

In a rental or leased vehicle, the individual’s own auto insurance policy may cover them for an automobile they are driving.  It may not be necessary to buy supplemental insurance from the rental or leasing company unless the person is looking for additional coverage. 

When a pedestrian or bicyclist is hit in some states, there is a presumption of fault for the motorist.  This presumption can be overturned if there is evidence of fault or inapproriate behavior on the part of the pedestrian or bicyclist.  In no-fault states, injured pedestrians are often covered by their own automobile insurance policies, despite being pedestrians at the time, and even if the driver was at fault.