Non-insured driver in rental car accident

[latigo]

And as already pointed out, there's the fact that the renter is contractually obligated to assume responsibility for anything that happens TO or WITH the rental car.

Of course the lessee is obligated to indemnify the lessor for any damage TO the rental, whether it resulted from A’s negligence or B’s negligence. And, contingent upon the language in the lease - which you alone seem to be privy to – the bailee might be classed as an insurer of the condition of the vehicle.

But where does this “WITH” business come from? Where is it “pointed out”?

Are you now claiming that because of the rental agreement A is “contractually obligated” to account for property loss suffered by the owner of the other vehicle? That the other owner has a cause of action against A for property loss upon a theory of contract law?

What an absurdity that would be. As is your suggestion that any language in the two-party rental agreement could alone render A liable to the owner of the other vehicle.

Noticeably missing here are your authorities sustaining your “theory” of “negligent entrustment”! Or that operating a motor vehicle without a valid permit is negligence per se and negligence imputed to A due to permissive use.

Each of which theory you injected to support your contention of vicarious liability on the part of A. And again without statutory or case law supporting authorities.

But do keep up with the effort, please. Because the more you do the more apparent is your shortage of knowledge of the subject matter.

 

[davew128]

The license was not from this country and is not valid for driving here, apparently.

and you would be wrong, definitely. A foreign driver's license is not automatically invalid. The concept itself is rather silly as it would prevent anyone from visiting here from driving legally.

 

[ecmst12]

Considering that he was cited for driving without a license, it's seems obvious that there was SOME reason that his license was not considered valid to drive in the US.

 

[davew128]

Yes, lazy police work.

http://davidwaranch.com/449/driving-with-an-international-license-in-maryland/

 

[ecmst12]

Well, then he might be able to fight that part of the ticket - but I wouldn't try it without a lawyer. I suspect he will still have a problem if he's been in the state for long enough to be required to get a MD license. It won't help him with the problem of not being a listed driver on the rental contract, or being at-fault for the accident.

 

[angrykatos1]

Do insurance companies settle on the damage cost?

I'm asking this as A and B might not have that much money to pay?

 

[racer72]

Do insurance companies settle on the damage cost?

I'm asking this as A and B might not have that much money to pay?

Yes, the insurance companies will settle for all incurred costs such as repairs of the vehicle, loss of value, loss of revenue while the vehicle is being repaired and some other costs. There will likely be very little negotiable when it comes to this. If they have to sue, you can add legal fees, court costs and they can start charging interest too. Your ability to pay will not be any concern to them.

 

[ecmst12]

They will *probably* be willing to work out a payment plan, as long as they stick to it faithfully. Stop paying, get sued.

 

[Eekamouse]

And you should be sued since you were allowing an unauthorized driver to get behind the wheel. Plus the fault of the accident was on the driver of your car. So you SHOULD pay for all damages and costs of the accident. Apparently they do things differently in your country???