Am I legally bound?

[sf1578]

What is the name of your state? California

Here is my situation:

About a year ago a friend of mine did me a favor and helped me rent a car for a trip. The rental agreement was in his name and credit card and I was listed as an additional driver, but I was paying for the rental. On our way back we got into an accident because a drunk pedestrian walked out onto the middle of the highway because he was trying to cross the street. The car infront of us (a friend of ours) slammed on their brakes to avoid hitting the man (they couldn't swirve or else they'd drive off a cliff), we were a good 40ft. behind but slid on our brakes and rear-ended them anyways. There were very minor damages to our friend's car, but the rental car was totaled. Unfortunately the person driving the car was not listed as an additional driver so the rental company did not cover the damages. I felt bad so I took financial responsibility and made a payment arrangement with the collection agency that is responsible for this account (about $5,000 in damages). I have been making the payments ontime because I did not want this to affect my friend any more than it already has. Now he is harrassing me to pay this entire amount within a month because he is trying to buy a house. I told him it was not possible because of financial limitations, but he kept harrassing me about it and thinks that I should not have my wedding (i just recently became engaged and invited him to the wedding as well) until I pay this off. I have already made it very clear that I have every intention to see this through, but now that he is being such a jerk about the situation, what would happen if I stopped making the payments? Can he try to force me to pay more than what I am already paying? Can he take me to court and would any of this stand?

Confused & Pissed.
SF1578

 

[Ladynred]

The rental agreement was in his name. The credit card was his. You have ZERO actual liability as far as the rental car company is concerned. In this case, taking the loss damage waiver would have saved the whole hassle.

You can stop paying, the rental company will go after HIM, not you. He could sue you for the money. Was there any written agreement between you stating YOU would pay the $5K ??? If not, it's going to be his word against yours in court.. and that is always a tough fight to win.

 

[sf1578]

No, there was no written agreement between he and I. I am, however, listed as an additional driver on the rental agreement. Wouldn't that hold? Also, the payments have been made by personal checks with my name on them, so doesn't that mean that I've taken over the financial obligation for this amount? I don't own any property so I doubt there is anything he can take from me even if he tries to take me to court. I just want to make sure I'm seeing this from all angles so that I don't get ambushed.

 

[Ladynred]

You would have to find out if being designated as an additional driver makes you liable in case of damages. I'm not sure that it would but only the rental agreement can tell you that for sure.

Also, the payments have been made by personal checks with my name on them, so doesn't that mean that I've taken over the financial obligation for this amount?

No, it does not. Suppose I take over making your telephone bill payments and send the telephone company checks.. that does NOT make me liable for the bill, I'm just the person paying the bill. They don't care where the money comes from as long as they get paid.

 

[sf1578]

Thank you.

 

[sf1578]

Are you an attorney or have a legal background?

 

[sf1578]

What are my rights?

I just learned that he is trying to send me court papers to sign agreeing to be legally bound should something happen and that he will not be legally held responsible for anything. What are my rights if I do not sign the papers eventhough I intend to keep making the payments? I just don't appreciate being backed into a corner when I have been cooperating this entire time. Also, the collection agency that is handling this account has offered to provide him with a letter stating that this balance is actively being paid so that he can present it to his bank, but he refused. I have also suggested that he pay this with his credit card and I will just continue to send my payments to him instead so that it will at least be off his record, but he claims he has no money. What are the consequences if I were to ignore his court papers and just continue to pay to collection agency each month as I have been?

 

[TigerD]

Okay, the actual liability for the car is with the person who rented it.

The guy who rented the car wants you to sign something taking responsibility for the debt. You acknowledge that it is your responsibility and are paying it.

Choices:
1. Don't sign. Lose friend, possibly get sued.
2. Sign, keep friend, continue paying as agreed.
3. Have papers reviewed by your attorney then decide.

My recommendation: 3

Next time: Don't let somebody unauthorized drive a rental car.

DC

 

[sf1578]

Well I've already explained to him that because the orignal rental agreement states that all drivers listed are responsible. I've explained that I intend to pay this, but I don't want to have to sign anything. Can he still sue me if I don't sign, but still continue to pay as I have been?

 

[Ladynred]

I suppose a lot depends on what he is ACTUALLY trying to have you served with.

I wouldn't sign anything w/o at least having an attorney review these mystery papers AND the rental agreement. I agree with DC, his name was on the rental agreement and the card, therefore he is the one liable. A lawyer would be the best choice to figure it all out.

I don't think he can force you to sign anything. He could still sue you.. but you can certainly show that you ARE paying it off -- just not fast enough for him.

 

[Zigner]

Well I've already explained to him that because the orignal rental agreement states that all drivers listed are responsible. I've explained that I intend to pay this, but I don't want to have to sign anything. Can he still sue me if I don't sign, but still continue to pay as I have been?

This is why you need an attorney to review your paperwork. What is the EXACT wording of the rental agreement? Does it state all drivers are responsible...or that all drivers are responsible for damages caused while they are driving the vehicle? I also wonder why the DRIVER of the rental car isn't involved in this?