我车子被一个开赫兹租车的人撞坏了，现在赫兹竟然说要我赔他们一辆新车。

I call my insurance and they're like, "teah we have nothing to do with this, you need to file a claim under the ladies insurance."


Are you sure that's what they said? I don't mean to imply you are lying, but I do think you misunderstood.

Unless you have no collision coverage, your insurance company should be handling this whole thing for you. Since there's no witnesses or dashcams, and she's obviously not going to own up to it being her fault, it'll likely be "no fault" and you'll be on the hook for your deductible and a rate increase next year, I'm afraid. Sorry, that sucks.

EDIT: Oh shit, I just saw you said this was months ago! Yeah dude, you need to start pressing the issue to get your car fixed. Settling things with Hertz can take as long as your insurance wants, but getting your car fixed is completely independent of that and should have been done, well, months ago.

You should've called the police before exiting your car. The dispatcher would've told you what to do (photos, other driver's info) and if they can send a squad to write up an accident report. That provides you with a record of when and where the accident happened and with whom. Sometimes we have to drive to the police station for an officer to write up an accident report. The cop will study your photos to determine who's at fault. Who do you have auto insurance with? If you have full coverage then your company should've sent over an adjuster by now to examine the damage. If you only carry general liability then they won't unless you also carry uninsured & underinsured motorist. Then they will call Hertz first to see if she bought collision insurance when renting the car. If she didn't and didn't have an auto insurance policy then they would send one over and dicker with Hertz over paying for your damages.

Most likely it’ll end up no fault (no police report, no witnesses), which makes each party responsible for their own damages. Refuse to communicate with Hertz directly except to refer all future communications to your useless insurance agent. Your liability insurance is what would have to pay out anyway, even if you were somehow deemed at fault. Hertz is self insured, so they don’t have an insurance provider. Lady likely bought full coverage insurance for the rental, so they can’t go after her. That only covers the rental car, but without fault or a police report/citation she doesn’t even have to report it to her own insurance. She probably didn’t even need to cancel her own insurance, but changing to a different provider would make it even more difficult to get paid. That’s why she’s ghosting, she bought a product that literally makes it no longer her problem. This is why you always get a police report for an accident regardless of severity.

And you didn't call the police when it happened because??

People are apt to be most truthful in the moment.

Also police can see where the vehicle are and get an idea of what happened.

Now it is a case of he said/she said.
Both of you have had time to think and massage your stories.

Did you at least a take pictures of the cars after accident and before they were moved ?

Did you have a dashcam?

You need to let your insurance handle this and don't speak with hertz rental or their lawyers at all. Give them time to work it out.

More than likely it may end up being a 50/50 split at this point especially if both vehicles have side swipe damage only. That means your insurance covers your vehicle and the rental place covers their vehicle.

If her front caught your rear and the damage shows that, then she may be assigned more blame(if not 100)..if your front caught her rear then you may be assigned more blame.

For now your insurance and their lawyers can handle the claim.

If things start to go sideways, then consider hiring your own lawyer to protect you.

Good luck.

The customer likely did not have supplemental insurance coverage to cover themselves in case of liability. They do provide that coverage on all rental and the customer has to waive holding Hertz responsible if they refuse insurance when they sign the contract for the vehicle.

In this case, that Hertz customer is 100% liable and would need to be sued. They straight up lied to you said their insurance would contact you, which is why you always exchange insurance in person (which they obviously didn't have) at the time of the crash, so someone doesn't do a hit a run. She likely gave you the insurance for the last vehicle she owned and had cancelled, which is fraud in itself.

This is pretty much just a personal claim/lawsuit against the renter, as aside from getting their damaged rental car back from wherever its at and having it repaired, Hertz has no further responsibility to that accident, as that customer agreed to the responsibility and declined offered insurance on the rental.

If you have full coverage on your vehicle, your insurance should not be pushing this off, as you pay them to cover your car in situations just such as this, in which case THEY should be suing the renter and recovering the costs of repairing your vehicle. If you have liability insurance only....

¯_(ツ)_/¯. I am not a lawyer.

Don't ask me how I know.