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  1. #1
    angrykatos1 is offline Junior Member
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    Non-insured driver in rental car accident

    This happened in Maryland.

    One of my friend, say A, rented a car. He has an Indian licence, and was allowed to rent the car. He also had a complete waiver insurance for the same.
    He and his other friend, say B, who also has an Indian licence, went out to do some groceries. B was driving the car.

    On one of the signals, while taking a left, B did not yield and was rammed by on an on coming car. B got a citation from court for driving on an illegal licence. The rental company is saying that this wont be covered in the insurance.

    Both of them are international students and won't be able to afford the damage to both the vehicles. Both the people involved in the accident were unscratched.

    Don't know what to do and are very very scared.
  2. #2
    ecmst12 is offline Senior Member
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    Start saving up and STOP driving illegally.
  3. #3
    angrykatos1 is offline Junior Member
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    B got two citations: 'Driving without licence' and something about not obeying traffic rules.

    Please please provide some advice.
  4. #4
    ecmst12 is offline Senior Member
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    He's going to have to pay the tickets and both of them can be held responsible for the damage they caused. How much it will ultimately affect them depends on whether they plan to stay in the country and work after they finish school. If they're going to stay here and get jobs, eventually the state and the insurance company for the person they hit AND the rental car company will all get their money. There is nothing that they can be told that will get them out of what they will owe. The best advice I can give is to stop driving to avoid ending up with MORE citations and MORE accidents. Can't change the past, only the future.
  5. #5
    angrykatos1 is offline Junior Member
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    Can A try and convince the rental car company to somehow understand and try and settle this with the insurance rather than asking the students for money?

    Also will this affect their credit history or affect in getting them jobs, after all they are international students.
  6. #6
    ecmst12 is offline Senior Member
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    He can try, but it won't do him any good. The rental company's insurance requires all drivers to be listed on the rental agreement, and also requires all drivers be properly licensed.

    Yes, it can affect their credit history. If they don't pay for the damage, they will be sued and get judgements against them which will appear on their credit reports. It may or may not affect their ability to get jobs depending on what kind of jobs they are looking for. Failing to pay the tickets will increase the fines over time and will prevent them from being able to get legal licenses in the future.
  7. #7
    latigo is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    . . . and both of them can be held responsible for the damage they caused. . . . . . .
    Considering the hypothetical as stated, what is your “layperson's” theory, as to why A would be responsible for B’s negligence when A was not in control of the vehicle at the time the collision occurred?

    Can you cite any competent legal authority supporting that conclusion?

    You’ve seen fit to go on the record that the bailee/lessee of the vehicle would be as culpable as the driver, now let’s here you try to explain why!
    ____________

    Incidentally, what prompted your use of the plural pronoun as in your expression “ the damage they caused”? Are we to assume that the rental vehicle was equipped with double steering, signaling and braking mechanisms?
  8. #8
    ecmst12 is offline Senior Member
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    Negligent entrustment, allowing an unlicensed person to drive a car that he rented but did not add this person as a driver. When the lawsuit comes, BOTH parties are going to be named and both are going to be jointly and severally liable.
  9. #9
    swalsh411 is offline Senior Member
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    It's pretty clear when you rent a car that the primary renter (or their insurance) is ultimately responsible for any damage to the vehicle due to an at-fault accident. Nobody would rent a car to anybody if this wasn't the case.
  10. #10
    You Are Guilty is offline Senior Member
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    As it so happens, I have a rental agreement I signed yesterday, which quite clearly states:
    Damage to, Loss or Theft of, Vehicle, Optional Accessories and Related Costs.
    Renter accepts responsibility for damage to Vehicle, Optional Accessories, or any part or accessory regardless of fault or negligence of Renter or any other person or act of God. . .
    It goes on to state a little further down:

    Renter's Indemnity Provision
    Renter agrees to present a claim to their insurance carrier for all such expenses. If Renter has no insurance to cover such events or losses, Renter agrees to pay Owner for such losses. . .
    Of course, we don't know what company the OP rented from, but I'd be willing to bet there are similar clauses in just about every major car rental company's terms.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  11. #11
    latigo is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    Negligent entrustment, allowing an unlicensed person to drive a car that he rented but did not add this person as a driver. When the lawsuit comes, BOTH parties are going to be named and both are going to be jointly and severally liable.
    There is no evidence to support that conclusion.

    Before the permissive use/negligent entrustment doctrine can apply to impute liability there must be competent evidence that:

    “The supplier had the requisite knowledge of the entrustee’s propensity to use the entrusted chattel in an improper or dangerous manner.” Wright v. Neale, 79 Md. App. 20 (1989).)
    And there is no indication from the narrative whatsoever that “A” possessed the “requisite knowledge”!

    If from your dilettante efforts at attempting to grasp concepts of tort law it is your belief that operating a motor vehicle without having complied with applicable licensing regulations constitutes negligence per se, then cite your legal authorities. Your unschooled personal opinions are not acceptable!
  12. #12
    ecmst12 is offline Senior Member
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    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.
  13. #13
    davew128 is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    Negligent entrustment, allowing an unlicensed person to drive a car that he rented but did not add this person as a driver.
    The person in question HAD a valid driver's license. The charge was bogus.
  14. #14
    ecmst12 is offline Senior Member
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    The license was not from this country and is not valid for driving here, apparently.
  15. #15
    browndavid is offline Junior Member
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    cant do anything you need to pay for damage..

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