AZ-Rearended by Enterprise Rental Car

[ELCOBites]

State: AZ

Description: Rearended by Enterprise Rental car, driver was insured with Geico. Since Enterprise is 'owner' I've been told to deal with them and they are responsbile. They own their own insurance co -> ELCO. Accident occurred over 1 year ago. ELCO fessed up to being the one to pay about 1 month after the accident and dealing their crap. Car is totaled, because repairs exceed BB. Lawyer said since injuries are small to deal with them myself and go through the hassel. Supposedly I have to take the car to the scrap yard and settle with the scrap yard for scrap value.

• My Time and frustration dealing with them has been over a year.
• Medical bills: $400 (back still hurts)
• Car BB: $4200 -> scrap value they say is $800
• They are finally wrote letter to settle for $3800.

1. Should I settle and be done with it?
2. Should I / Can I take them or who to small claims?
3. For what amount?
4. Can I charge for my time, inconvenience, frustration.. I didn't ask for this.
5. Pain & Suffering?

Please help... I hope no one ever gets involved in any claim where ELCO / Enterprise is involved. I'll never rent a car from them.

What I don't understand is why is the owner responsible when a driver carries proper insurance?

thx

 

[apie1]

that is why you have insurance, to deal with your claims. I would have made a claim with my insurance company so that you do not have to deal with the headaches. sounds like the drivers insurance company did not want to deal with it.

 

[stephenk]

Enterprise is primary because insurance first goes to the vehicle and then to the driver. This is more so with rental cars.

1. No one here can answer that;
2. yes you can sue Enterprise and the driver in small claims court;
3. For your property damage, medical bills, along with pain and suffering;
4. No;
5. See #3.

 

[ELCOBites]

Thanks - follow-up question...

?Any idea on how long a small claims case usually takes/entails?

 

[Ohiogal]

Enterprise is primary because insurance first goes to the vehicle and then to the driver. This is more so with rental cars.

1. No one here can answer that;
2. yes you can sue Enterprise and the driver in small claims court;
3. For your property damage, medical bills, along with pain and suffering;
4. No;
5. See #3.

I would just add to number three "up to the limits of the small claims court in your jurisdiction". Some are $3000; others $5000.

 

[stephenk]

small claims cases are usually heard about 30-45 days after you file your paperwork.