Insurance claim after the case is dismissed.

[Ireneboosa]

What is the name of your state? DELAWARE

A friend of mine had rear ended a car in Sept 2005 in Delaware. The car in front had got a dent in the back.
The court case got dismissed as nobody turned up in the court from the other party.
The car with my friend was Enterprise rental car in NJ. He had taken the collision covg but not the liability covg.
Now Enterprise has sent him a letter asking for the amt they had to pay the other company.

Since the case got dismissed is he still entitled to pay the claim the other party had made for PD ?

Thanks in advance.

 

[ecmst12]

What was the court case about? Who was suing who?

 

[Ireneboosa]

The police had given the careless driving ticket to him, so there was a court date.
He went but nobody turned up (police or the other party) so the case was dismissed.

 

[ecmst12]

Ok the case about the traffic ticket has no bearing on his liability for causing the accident. His personal auto insurance (if he has any) should take care of the damages to the other vehicle. If he doesn't have any, then he should have gotten the liability coverage on the rental, now he'll have to pay out of pocket.

 

[moburkes]

The police had given the careless driving ticket to him, so there was a court date.
He went but nobody turned up (police or the other party) so the case was dismissed.

The other party had nothing to do with him getting a ticket. Only the police should have shown up.

 

[moburkes]

Ok the case about the traffic ticket has no bearing on his liability for causing the accident. His personal auto insurance (if he has any) should take care of the damages to the other vehicle. If he doesn't have any, then he should have gotten the liability coverage on the rental, now he'll have to pay out of pocket.

Sorry. Was working, so the "reply" had been on my screen. Someone quit. Someone else brought cake. Cake was good.

 

[ecmst12]

Cake IS good Certainly more important then anything here!

 

[moburkes]

Cake IS good Certainly more important then anything here!

Going for 2nds. I've had peanuts and doritos, cake, and water today. Lunch isn't for 1 1/2 hours. I won't even want to eat by then**************.....

 

[Ireneboosa]

Thanks guys...
But isnt the rental car company should provide minimum liability insurance if we do not take teh excess liability coverage from them.

I have read on one of teh websites that -
Rental companies are required by law to provide the minimum level of liability insurance required by your state.

Is that true?

 

[moburkes]

Thanks guys...
But isnt the rental car company should provide minimum liability insurance if we do not take teh excess liability coverage from them.

I have read on one of teh websites that -
Rental companies are required by law to provide the minimum level of liability insurance required by your state.

Is that true?

They did, which is how they paid the claim. However, there is no law that states that they cannot hold you responsible for the accident that you caused. Had you PAID for the coverage, they wouldn't ask for their money back.


Edit: Replace You with Friend.

 

[Ireneboosa]

Ok....
So can they take legal action if he doesnt pay that money?
What are the consequences?

Thank u so much for the help.

 

[moburkes]

Ok....
So can they take legal action if he doesnt pay that money?
What are the consequences?

Thank u so much for the help.

Of course they can. Otherwise, no one would carry insurance, if you couldn't take legal action against the person who caused the accident. If they win a lawuit, they will receive a judgment. Then, they can go after paychecks, bank accounts, other assets.

 

[Ireneboosa]

Ok....
So whats the best thing to do here? Pay all the money?

 

[Ireneboosa]

And it wasn't proved in the court that he caused the accident. The police did not witness it.

 

[moburkes]

Ok....
So whats the best thing to do here? Pay all the money?

That would be a wise decision, Irene. And, then, don't drive a vehicle without insurance again.