Rear ended in leased vehicle

[trout14]

My fiancee was rear ended tonight (4 kids under 10, noone hurt) and the vehicle (2013 Toyota Highlander) is likely going to be totaled. I don't believe she has gap insurance, and at this time it is unknown if the guy that hit her has insurance. That person was arrested for driving on drugs. She has full coverage.

What happens next? If the guy has insurance should they pay off the full amount and she walks away from it? No insurance on his part, what should her insurance cover? Not the preferred way to get out of the lease, but that was the plan anyway after she was done with it.

Any advice is appreciated!!

[The_path_less_taken]

First, I'm glad that no one was hurt. Especially the kids.

And sorry about the accident.

There should be an 800# on the lease paperwork/statements. But your insurance agent should be able to help you with this: if the guy is proven as DUI...he has zero defense and has to pay.

If he's an uninsured motorist, you should have that spelled out on your policy, what you're covered for under those terms.

But your agent has all of this at the tip of the tongue, so I'd call him/her tonight, just to get the ball rolling. Claims are handled in the order received: call tonight.

At first I thought you meant a rental car, which is an entirely different can of worms. (always always rent with a credit card: currently VISA pays out the most for this kind of crap)

Good luck!

[Syonyk]

In theory, since a rear end accident is totally the fault of the following driver, combined with the drug issue, your fiancee should be entirely not at fault and not have to pay a thing.

Since the other driver is almost certainly uninsured and possibly unregistered, the uninsured/underinsured motorist part of your policy should cover the cost.

I'm not sure how it works with a lease, but that's how insurance generally works.