QueenEleanor
Junior Member
What is the name of your state (only U.S. law)? Texas
In April, I drove a rental car into a parking lot sign in a restaurant in Grand Rapids, Michigan. I showed the restaurant manager who said it was a common occurence and did not ask for any more information. I then contacted my insurance who began the claim process. I then contacted the person who rented the car whom I was splitting the rental expense with. The renter had left the state.
Both the renter and I live in Texas.
As naive as this sounds, it was not until I reviewed the contract that I realized I was not listed as an additional driver. The renter had rented the car, drove it into the airport parking lot, left the keys under the mat and left the door unlocked. An additional friend was driving the car, who let me borrow the keys. Only the original renter was listed on the contract.
In August, I received a letter from my insurance company that the rental company was not pursuing the claim.
In November, the original renter received a letter from the rental company, asking for a an accident report. I filled this out for the second time (the first time being in April, at the rental car counter). The rental car company then informed the renter that she had breached her contract because I was not listed as an additional driver. My insurance company will not pay the $1100 damages to the car because the original renter is held responsible for these charges and she is the primary insured.
I have told the original renter that I would settle with her once I get a receipt from her showing she has settled with the rental car. She has refused, saying she did not need to give me a receipt. She then tried to bargain with me, asking if I would write her a check if she gave me her credit card number. I still confirmed that I needed to have a receipt before writing a check to her. She asked me if I would put in writing that I would pay, and I said was not going to put that in writing. She then asked how she knew I would pay, and I told her she would just have to trust me. She then asked me if I would take responsibility for the accident. I told her I would not, because responsibility has already been determined by the rental company.
She then said that I was being immature and I would have to call her lawyer and take me to small claims. I confirmed this was a choice.
I will still settle with her if I get a receipt, even though, legally, I have no obligation to do so. I certainly want to do the right thing, and I also want to be sure that I do not get caught in a web; her disregard for her contract concerns me.
I need to know if these are the correct steps in the procedure. Thank you for your time.
In April, I drove a rental car into a parking lot sign in a restaurant in Grand Rapids, Michigan. I showed the restaurant manager who said it was a common occurence and did not ask for any more information. I then contacted my insurance who began the claim process. I then contacted the person who rented the car whom I was splitting the rental expense with. The renter had left the state.
Both the renter and I live in Texas.
As naive as this sounds, it was not until I reviewed the contract that I realized I was not listed as an additional driver. The renter had rented the car, drove it into the airport parking lot, left the keys under the mat and left the door unlocked. An additional friend was driving the car, who let me borrow the keys. Only the original renter was listed on the contract.
In August, I received a letter from my insurance company that the rental company was not pursuing the claim.
In November, the original renter received a letter from the rental company, asking for a an accident report. I filled this out for the second time (the first time being in April, at the rental car counter). The rental car company then informed the renter that she had breached her contract because I was not listed as an additional driver. My insurance company will not pay the $1100 damages to the car because the original renter is held responsible for these charges and she is the primary insured.
I have told the original renter that I would settle with her once I get a receipt from her showing she has settled with the rental car. She has refused, saying she did not need to give me a receipt. She then tried to bargain with me, asking if I would write her a check if she gave me her credit card number. I still confirmed that I needed to have a receipt before writing a check to her. She asked me if I would put in writing that I would pay, and I said was not going to put that in writing. She then asked how she knew I would pay, and I told her she would just have to trust me. She then asked me if I would take responsibility for the accident. I told her I would not, because responsibility has already been determined by the rental company.
She then said that I was being immature and I would have to call her lawyer and take me to small claims. I confirmed this was a choice.
I will still settle with her if I get a receipt, even though, legally, I have no obligation to do so. I certainly want to do the right thing, and I also want to be sure that I do not get caught in a web; her disregard for her contract concerns me.
I need to know if these are the correct steps in the procedure. Thank you for your time.
