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01-15-2009, 02:10 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 2
| | | Florida Accident help
What is the name of your state (only U.S. law)? Florida
The accident happened in Florida. It was a rental car and another car and it ends up being that the renter gave false information regarding insurance and the other driver didn't have insurance either. Who is responsible for the repair to the rental car? |
01-15-2009, 02:21 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by tygerrock  What is the name of your state (only U.S. law)? Florida
The accident happened in Florida. It was a rental car and another car and it ends up being that the renter gave false information regarding insurance and the other driver didn't have insurance either. Who is responsible for the repair to the rental car? | The person who signed the rental contract is responsible to the rental company. The company can CHOOSE to pursue the matter with the at-fault party, but they are not required to do so.
If the renter of the car was not the at-fault party, HE can pursue the at-fault party for anything he was required to pay to the rental company.
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01-15-2009, 02:28 PM
| | Junior Member | | Join Date: Jan 2009
Posts: 2
| | | Is there a statute of limitations for car accidents? |
01-15-2009, 03:25 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,864
| | | SOL for property damage in FL is 4 years.
The at-fault party is DEFINITELY liable TO THE OWNER of the vehicle. The renter is also liable, but if they were not at fault, they are the SECONDARY liable party not the primary. If there is a dispute as to liability, then the renter would be responsible for anything the at fault party denies (i.e. if they pay 80%, renter pays the rest). The liability is NOT joint and several though - owner must pursue at fault party first. |
01-15-2009, 03:31 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by ecmst12 SOL for property damage in FL is 4 years.
The at-fault party is DEFINITELY liable TO THE OWNER of the vehicle. The renter is also liable, but if they were not at fault, they are the SECONDARY liable party not the primary. If there is a dispute as to liability, then the renter would be responsible for anything the at fault party denies (i.e. if they pay 80%, renter pays the rest). The liability is NOT joint and several though - owner must pursue at fault party first. | Nope - the CONTRACT states that the renter will be the one with primary responsibility. Contractually, the rental agency has EVERY right to pursue the FULL amount from their client.
__________________ *
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
01-15-2009, 03:45 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,864
| | | Have you read the contract in question? And even so, a contract can't violate the law. The renter has no standing to pursue the other party for recovery - only the owner of the car can do that.
Besides the fact that I've never seen a rental company go after a renter when someone else is known to be at fault, while I've FREQUENTLY seen them go after the at fault party. They don't go after the renter unless the other party denies for some reason. | |
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