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Accident in truck rented for employer, CA

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AcousticGod

Junior Member
What is the name of your state? California

My employer had me rent a truck on the company's behalf to help one of our workers deliver some large items to a client. My general manager reserved the truck, and I picked it up. She asked me to get all the insurance, and I did ask for it.

I got through the delivery no problem. It was a 24' box truck, and I hadn't ever driven one before, but things went smoothly. Afterward I came back to the office for the rest of the day. At the end of the day I went to take the truck back.

We decided that I would fill the truck with gas back to the level it was previously at the time of rental. Unfortunately, while pulling into the gas station and the nearest pump I forgot about clearance being an issue. I hit the overhang. As soon as I realized that I reversed out. Nothing major in my mind as the thing was supposed to be fully insured. When I got done with the attendant, I headed directly for the rental place deciding not to get gas after all.

While on my way there I got a chance to look over the contract. The insurance I specifically asked for was NOT given to me, and I'd signed away. (I should have inspected the contract, but I've rented cars so often that I've never had a rental place NOT give me insurance when I've asked for it.) Furthermore, my name is given as the renter instead of my company's name, and the contract talks about the renter and co-renter being the liable parties.

I was angry. I debated whether to have a conversation about the insurance issue with the rental place when I returned the truck, or just seeing if they take the truck back without noticing. I decided on the latter as I'm not much one for emotional displays. I felt duped, but the contract indicated the end of liability happens once the truck is physically checked in. As it turned out they did check the vehicle back in without noting the damage. I paid via company check.

Within a couple days the gas station contacted the rental company at which time the rental company likely noticed the damage.

It became clear yesterday from the rental company that they don't offer insurance to companies renting trucks, a fact not made clear to either the person that reserved the truck nor to myself when I was signing the contract.

Questions I have:
Will my employer have any culpability?
I hope that the fact that my employer compelled me to rent this truck factors into this in some way or another, particularly considering that my employer was aware of the fact I had no insurance of my own (I don't own a car).
Do I need a lawyer?
Could the physical check-in of the truck have any bearing in this regardless of the later knowledge that the truck was in an accident?
Since the rental company assumes the liability insurance of the company (my employer) will come into play in the case of an accident, is that what should happen?
 
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seniorjudge

Senior Member
If you were driving and you caused the accident, you are liable AND the liability could be criminal as well as civil since it does not appear that you notified the cops.
 

AcousticGod

Junior Member
I've been told by California police that they need not get involved if there is no debate about the specifics of an accident.
 
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AcousticGod

Junior Member
This despite the fact that I did indeed stay and exchange information with the attendant?

It's not as if I hit and run or anything, and it's certainly not that all parties aren't aware of me.
 
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seniorjudge

Senior Member
AcousticGod said:
This despite the fact that I did indeed stay and exchange information with the attendant?

It's not as if I hit and run or anything, and it's certainly not that all parties aren't aware of me.
Within a couple days the gas station contacted the rental company at which time the rental company likely noticed the damage.

That does not sound like all the parties were aware of what you had done.
 

AcousticGod

Junior Member
Let me clarify that I have an incident report I'm going to fax to the rental company shortly (one which they faxed to me). Perhaps I should seek a lawyer.
 

seniorjudge

Senior Member
AcousticGod said:
...Perhaps I should seek a lawyer....

And please do so quickly.

When you talk to the lawyer, tell him everything. You have not been truthful on this forum, but you certainly need to be truthful with a man you are paying money to.

(There is the urban legend of the lawyer who doubled his fee for every client who proclaimed his innocence.)
 

AcousticGod

Junior Member
It certainly would be nice if there were other people on this board. I can't even trust that you're not an agent on behalf of this site and the law practitioners that are advertised here.
 

seniorjudge

Senior Member
AcousticGod said:
It certainly would be nice if there were other people on this board. I can't even trust that you're not an agent on behalf of this site and the law practitioners that are advertised here.
Thanks for the laugh!
 

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