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Old 06-17-2000, 10:48 AM
look4advice
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I had to rent a car for the trip with my family & my coworker family for pleasure trip.
My co-worker came to RENTAL AGENCY to drop me and to pick rental car along with his 2yr old son and mentioned that he has to look after his son and I can proceed to rent the car on my name.
So i rented the car on my name and used my credit card at white plains,New York on 26th,November,1999. His name is not there on rental agreement and he has not paid any amounts to wards this.
I purchased
Personal Accident Insurance
Personal Effects Program
Additional Liability Insurance
and as per new york state, Loss Damage Waiver where i have to pay only $100 in case of damage to vehicle.
My family & My co-worker's family went for pleasure trip involving NY,PA,WV.

On the thirdday i.e 28th,November,1999 of the trip my co-worker asked the vehicle from me and wanted to drive who is a valid licence driver when we are in WV. I gave him the vehicle to drive and unfortunately the vehicle was "ROLLED IN TO THE VALLEY AT SHARP TURN INVOLVING SINGLE VEHICLE" as my co-worker as operator. My co-worker says he heard a cry from the back passengers and tried to apply brake and vehicle slipped in to the valley.

My co-worker has filled up a report to POLICE of west virginia detailing the accident and then filled up accident/incident form to RENTAL AGENCY and to a INVESTIGATIONS AGENCY (an investigation agency instituted by RENTAL AGENCY) as required.

My family members & my coworkers family members were injured and including us got injured & vehicle was completely damaged. All of us except my son had minor injuries and the treatment rendered at emergency hospital was sufficient and the payments were taken care by my own & co-worker's auto insurance respectively with some payment from our health insurances.

My son who is 1st grade student broke his left arm and was bandaged for three months and he is still being treated by orthopaedic surgeon. During this three months he was not allowed to play gym and other games with other kids, since he had bandage and even after that gym & tough games since the doctor has mentioned he is not fit to play and still to go for final checkup.

From the past three months I received letters from RENTAL AGENCY for vehicle damages for $14,052 after salvage that i should pay these amounts mentioning the reasons as (UNLICENSED OPERATOR & OTHER) initially. I sent all of these letters to My co-worker & his auto insurance and my own auto insurance with reply's that the driver has a valid driver license etc.,
I haven't heard any thing so far from RENTAL AGENCY INSURANCE & i don't know what are their responsibilities in this case i asked the same to RENTAL AGENCY. Who will tell i breached agreement on telephone and fail to put any thing on the paper and now they are just mentioning as UNLICENSED.
My auto insurance has sent a letter mentioning claim closed since i do not carry collision coverage on the paper. My co-worker has all typeso of the insurance coverages like collision,comprehensive,liability,personal liability,house and all upto 200,000 and more.

My co-worker auto insurance & avis-rent-a-car are mentioning on TELEPHONE ONLY and not on paper that we should keep quiet now and nothing in our hands and co-worker insurance would apply Loss Damage Waiver clause and would pay $100 only and the remaining I have to pay. They are yet to put anything on the paper now and it's under process.

At this point I suspect something uncomfortable and would like to seek the legal advice.
  #2  
Old 06-17-2000, 12:54 PM
lawrat
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, let this be a lesson never to allow anyone who is not on the rental agreement, to drive it.

Now, it is very difficult to determine whether you are solely responsible or not because of the following issues:

1) laws involving non rental driver ==
2) which law to apply -- where the accident occurred or where you rented the car.

I think your best bet is to seek an accident attorney who is experienced in rental accidents with non rental driver:

try attorneypages.com or even your STATE BAR ASSOCIATION AND ASK FOR THEIR LAWYER REFERRAL PROGRAM.

Hope this helps
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