Wrecked Rental Car

[x Baldwin Motion]

my smarter daughter rented a car in florida a couple of years ago and let her %^$#*@ boyfriend drive it (and wreck it and another car).
He was not on the rental agreement and was a "non permisive" driver by his insurance companies policy.http://www.yenko.net/ubbthreads/images/graemlins/stupid.gif So, guess who paid for some wrecked S#$%^box sitting in swamp?
Now, two years later, a collection agency is trying to get another car price tag out of her. I am willing to pay for whatever free legal advice you guys can offer. Especially guys that watched Ironsides. If you can't remember that show you may be too young to play.



Thanks in advance.
http://www.yenko.net/ubbthreads/images/graemlins/youguysrock.gif

[nuch_ss396]

I don't know Chris. Looks like you're in a tuff spot there.
But then - you already knew this...... http://www.yenko.net/ubbthreads/images/graemlins/no.gif

Rental agreements are pretty cut & dry. Only listed drivers
are covered. This is their perfect out. And they have so many......

Which car are they after you for now? The rental car, or the
other car involved?
Steve

[x Baldwin Motion]

It looks like the rental car company's insurance paid for the other vehicle involved. There has been legal handball back and forth between lawyers and a collection agency. The lawyer claims Florida law states that if my daughter, as the lessee, gave permission to another to drive, he is a permissive driver and should be covered by, not only his insurance company as a licensed driver of Massachusetts, but by the rental company as well. All vehicles have been paid for by my daughter and the ins company. They have now decided to reclaim their money. There has been no court judgement against anyone and the accident was filed as a "no fault". I am planning on responding to the collection agency that they have failed to provide any documentation that she is liable for this debt.

She has a bill from Avis and a cancelled check to show that she has paid for a car, there have been no other bills sent to her from anyone.

[budnate]

have your Lawyer send the "go away" letter any letter from you will just fuel it on there end.


[ QUOTE ]
It looks like the rental car company's insurance paid for the other vehicle involved. There has been legal handball back and forth between lawyers and a collection agency. The lawyer claims Florida law states that if my daughter, as the lessee, gave permission to another to drive, he is a permissive driver and should be covered by, not only his insurance company as a licensed driver of Massachusetts, but by the rental company as well. All vehicles have been paid for by my daughter and the ins company. They have now decided to reclaim their money. There has been no court judgement against anyone and the accident was filed as a "no fault". I am planning on responding to the collection agency that they have failed to provide any documentation that she is liable for this debt.

She has a bill from Avis and a cancelled check to show that she has paid for a car, there have been no other bills sent to her from anyone.

[/ QUOTE ]

[John]

...Where is her SH%$#@HEAD "boyfriend"?

Let's go to the source! http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif

[Kim_Howie]

Did your daughter have her own Insurace or was she on your pol.??

[x Baldwin Motion]

Thank God she had her own policy, her company and the boyfriends are both claiming to have no horse in this race. He did pay for HALF of the car.

[JQ]

[ QUOTE ]
...Where is her SH%$#@HEAD "boyfriend"?

Let's go to the source! http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif

[/ QUOTE ]

Agreed... I would sling up the boyfriend... http://www.yenko.net/ubbthreads/images/graemlins/grin.gif

[x Baldwin Motion]

[ QUOTE ]
...Where is her SH%$#@HEAD "boyfriend"?

Let's go to the source! http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif

[/ QUOTE ]

He and his engagement ring are back with the other http://www.yenko.net/ubbthreads/images/graemlins/stupid.gifMass.-holes. I've been waiting years for that event http://www.yenko.net/ubbthreads/images/graemlins/headbang.gif and choose not to speak with him if I can avoid it. http://www.yenko.net/ubbthreads/images/graemlins/thumbsdown.gif

[nuch_ss396]

[ QUOTE ]
[ QUOTE ]
...Where is her SH%$#@HEAD "boyfriend"?

Let's go to the source! http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif

[/ QUOTE ]

He and his engagement ring are back with the other http://www.yenko.net/ubbthreads/images/graemlins/stupid.gifMass.-holes. I've been waiting years for that event http://www.yenko.net/ubbthreads/images/graemlins/headbang.gif and choose not to speak with him if I can avoid it. http://www.yenko.net/ubbthreads/images/graemlins/thumbsdown.gif

[/ QUOTE ]

Aaah yes! What do you call an A-hole from Massachusetts - A MASS-HOLE http://www.yenko.net/ubbthreads/images/graemlins/smirk.gif No offense Chris.....

By the way Chris, did your daughters insurance company have
any provisions to protect her in this event? You know, other
drivers in her vehicle. If you let a friend or relative
drive your car, they and you are covered in the event of an
accident. Shouldn't this be applicable to a rental car? Talk
to your insurance agent first, then your daughters. It has
long been my experience that insurance agents will not volunteer
this kind of information unless you ask. http://www.yenko.net/ubbthreads/images/graemlins/mad.gif

Steve

[nuch_ss396]

[ QUOTE ]
[ QUOTE ]
...Where is her SH%$#@HEAD "boyfriend"?

Let's go to the source! http://www.yenko.net/ubbthreads/images/graemlins/rolleyes.gif

[/ QUOTE ]

He and his engagement ring are back with the other http://www.yenko.net/ubbthreads/images/graemlins/stupid.gifMass.-holes. I've been waiting years for that event http://www.yenko.net/ubbthreads/images/graemlins/headbang.gif and choose not to speak with him if I can avoid it. http://www.yenko.net/ubbthreads/images/graemlins/thumbsdown.gif

[/ QUOTE ]

BTW Chris, why can't your daughter sue her former boyfriend?
Why should she be financially accountable for an accident her
boyfriend was involved/responsible in/for? Share the love as I like to say. http://www.yenko.net/ubbthreads/images/graemlins/grin.gif

Steve

[Kim_Howie]

Basic ins goes with the car not the driver. If you drive my car with my knowing it my ins covers it not yours. Yours is excess not primary. Chis if she didn't buy there rental ins and the rental company did carry full coverage on there rental cars. Her ins would pay for the damages only to the rental car there liab should pay for the other car involved.

[x Baldwin Motion]

[ QUOTE ]


By the way Chris, did your daughters insurance company have
any provisions to protect her in this event? You know, other
drivers in her vehicle. If you let a friend or relative
drive your car, they and you are covered in the event of an
accident. Shouldn't this be applicable to a rental car? Talk
to your insurance agent first, then your daughters. It has
long been my experience that insurance agents will not volunteer
this kind of information unless you ask. http://www.yenko.net/ubbthreads/images/graemlins/mad.gif

Steve

[/ QUOTE ]

Her insurance company said if she were driving, everything would have been covered, since she was not, nothing is covered. BF's insurance company has plead a similar case saying he was not authorized to drive the car, therefor no coverage. To that extent that the rental co paid for all damages above what my daughter shelled out for the rental car. Now the rental co (AVIS is self insured) has engaged a collection company that probaly works on commision with harassing tactics to try to regain anything from any pockets. http://www.yenko.net/ubbthreads/images/graemlins/bs.gif

[68l30]

The lesson is.....always get the insurance when you rent...Never had any questions when returning a car. Then again, I always ask the important question first...If it comes back to you on a flatbed, do you need anything more from me other than the keys? http://www.yenko.net/ubbthreads/images/graemlins/naughty.gif

Steve

[ronebee]

did you put in claims and get declination letters from your daughters carrier and the boyfriends carrier? I am a New York Insurance Broker/Agent and I know the laws are different in Mass, and it appears that the rental car company was either self insured or that their insurance carrier is attempting to get money for the other vehicle.
I don't know, but it would appear to me that the rental company accepts a great deal of third party risk just by the fact of the business that they are in. They are in the business of renting cars for profits, they have to accept some (or maybe even all) of the risk that would come from one of there customers doing bodily injury or property damage to a third party. My teo cents worth.

[x Baldwin Motion]

we have declination letters from both her (NY ) and the (x)BF's Mass. ins co.'s
One florida lawyer involved claims state law dictates that self-insured Avis is liable. Avis has this "adjustment company" to shake down all parties involved until they cry uncle. http://www.yenko.net/ubbthreads/images/graemlins/tongue.gif

thanks Ron http://www.yenko.net/ubbthreads/images/graemlins/flag.gif

[Donutblue]

Most States have a "State Insurance" organization which monitors the workings of all Insurance companies doing business in that respective State. If you start getting letters from collections agencies claming to represent the insurance company I suggest you forward them to that State Insurance agency. If it's out of line it can cause problems for the Insurance company.




http://i64.photobucket.com/albums/h170/Donutblue/team1.jpg