No fault wreck in a rental

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anharmon0630

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Monday my husband, in laws, and I were in a wreck 10 minutes after getting a rental car. The guy that hit us admitted it was his fault to us and the police officer. The police report stated that it was his fault and of course listed both of our insurance information. We were told by one Enterprise company (the one we got the car from in Wilmington, DE) to take the car to the nearest Enterprise (which would be in Philly b/c thats where the wreck occured) and they should trade our car out and we would not be responsible for anything. When renting the car we used our insurance instead of what Enterprise offered. The guy we rented it from still said that we would not have to pay. So we went to the nearest Enterprise in Philadelphia and they tried to make us pay our deductible and said that we could pursue the guy that hit us if we wanted our money back because they weren't going to. Even though one employee told us we wouldn't have to pay this one said it was Enterprise policy to collect a deductible no matter whose fault it was. Needless to say, we kept the car b/c it is still drivable and called the guy who hit us insurance company and filed a claim b/c he had not yet. They said they would send an adjuster out to estimate the damage and they would take care of it. Well, today we got a call that said they are rejecting the claim because the guy wasn't supposed to be driving the truck he was in. What are we to do now? My husband is in medical school at Temple University which means we are on a very tight budget and don't have money to just give someone when it wasn't our fault to begin with. Should we sue they guy? Should we let our insurance pay? I have no clue where to go from here. Please help!!!

Amy in Philadelphia, PA
 
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