rental car company suing us for repairs

[topramen]

What is the name of your state? incident happened in WA, but we live in CA

We rented a car from Dollar in Seattle (without supplemental insurance, since we had rental car insurance coverage with our auto insurance). After about 50 miles of normal driving, the car broke down. We were stopped at a red light, and then the transmission simply stopped working. I noticed that transmission fluid was leaking fast from the bottom of the vehicle. Note that we were on a family vacation and did nothing out of the ordinary with the car--no accidents, no running over stuff, no off roading, etc.

Anyway, we called Dollar and told them what happened. They sent a replacement vehicle out and towed the original car away. Fine, we were pretty upset that this happened to us, but whatever, bad luck. A few weeks later, we get a bill from Dollar for over $4k, which is completely ridiculous because we didn't cause any damage to the car! After a couple of rounds of letters explaining the situation, we received notice that we are being sued for the amount. They claim that there was damage to the vehicle and that we're liable. In our view, there must have been a pre-existing defect OR the previous renters caused the damage that eventually led to the event.

Our insurance company will only help us if we're at fault, and in that case our premiums will undoubtedly go up.

At this point, what recourse do we have? Is it as simple as: (1) fight it in court, or (2) file an insurance claim? Any advice? Shouldn't Dollar's insurance company be the ones to pay here? The sad thing here is that we really didn't do anything wrong. We certainly feel that an injustice is being done here.

Thanks,
topramen

[moburkes]

Which person, at your insurance company, told you that they will only defend you if you are at fault?

Then, read your policy, and tell me where it also states, that your insurance company will only defend you, if you are at fault.

[ecmst12]

In fact, it's in their best interest to help you prove that you're NOT at fault, because if you were, THEY would have to pay! Someone over there is confused.

[moburkes]

Originally Posted by ecmst12

In fact, it's in their best interest to help you prove that you're NOT at fault, because if you were, THEY would have to pay! Someone over there is confused.

I'm guessing that he didn't get this information from the insurance company. Or he got it from his agent who didn't want the claim to show up on his agency books.

[topramen]

That's what the agent told us. Sounds like we may be getting the run around...?

topramen

[moburkes]

Originally Posted by topramen

That's what the agent told us. Sounds like we may be getting the run around...?

topramen

On your insurance card, and on your declarations page is a 1-800# to FILE A CLAIM. Use it.