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Rental Nightmare

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hulingsd

Member
What is the name of your state? Georgia

I'm coming back to this topic before pursuing a lawyer. My emotions have calmed down and I've learned more and understand the situation better than I did in my previous post. This happened in April of 2018 (Friday the 13th if you can believe it!)

I was in a rental vehicle through Enterprise and only had minimum/liability coverage. I was making a left hand turn and someone t-boned me. I was cited for an improper yield and was considered at fault for insurance purposes. I still don't agree with it all, but aside from that... My credit card company paid a claim for the damage to the rental vehicle and that was settled long ago. He (the other driver) filed against my liability and they ended up settling with him and paying the max my policy would allow. As far as I knew, it was over and done.

He is now filing a claim through Enterprise as the owner of the vehicle and asking for more money. What I want to know is if he signed a release saying he was settling:

1. Can he file another claim, even with Enterprise?
2. He's not coming after me so to speak, but if Enterprise pays a new claim - can they sue me even though I've been released from this situation?

At the end of the day, I have no idea what kind of damage was done to this guy and while we both shared fault - I don't wish for him to be suffering or anything. It just seems that if he still has medical issues or whatever he's seeking... He wouldn't have settled to begin with? It seems like he would have continued the battle with my insurance company and then come after me personally.

My insurance company explained that it's just like borrowing a family members car: they would go after the primary policy holder first and then the driver of the vehicles policy. At that point the primary policy holders insurance company could sue the drivers insurance company. Would the other party sign a release in between claims?

I'm totally ignorant when it comes to insurance.. so i am just trying to understand before I go spending money. Can you ever fully be released from liability in an auto claim?

Thanks for any help!
 


hulingsd

Member
I think it's better to delete the original post as it was mostly emotional and didn't cover the facts. I now have more information and understand more about the advice I need.
 

Zigner

Senior Member, Non-Attorney
I think it's better to delete the original post as it was mostly emotional and didn't cover the facts. I now have more information and understand more about the advice I need.
Please don't - it contains everything that may be needed. Besides, I already answered your additional questions in this thread ;)
 

PayrollHRGuy

Senior Member
Look contact everyone that paid the other driver on your behalf and find out if he signed any waivers of liability when they paid him and get copies.
 

Zigner

Senior Member, Non-Attorney
Look contact everyone that paid the other driver on your behalf and find out if he signed any waivers of liability when they paid him and get copies.
The waivers would have been in favor of the OP. Now, they get to sue Enterprise and Enterprise will then be able to go after the OP (per the rental contract).
 

Just Blue

Senior Member
I think it's better to delete the original post as it was mostly emotional and didn't cover the facts. I now have more information and understand more about the advice I need.
If you rudely delete the efforts that the VOLUNTEERS of this site made you will find very few willing to assist you again. Please...just keep your question to the original thread.
 

hulingsd

Member
If you rudely delete the efforts that the VOLUNTEERS of this site made you will find very few willing to assist you again. Please...just keep your question to the original thread.
It wasn't meant to be rude. It wasn't a helpful post and contained a lot of misguided information. The title of it said "uninsured" and I now understand that I WAS insured. The original post was long and I was whining through the whole thing. I didn't realize it was a crime to start over. Sorry for any inconvenience.
 

Zigner

Senior Member, Non-Attorney
It wasn't meant to be rude. It wasn't a helpful post and contained a lot of misguided information. The title of it said "uninsured" and I now understand that I WAS insured. The original post was long and I was whining through the whole thing. I didn't realize it was a crime to start over. Sorry for any inconvenience.
No problem - just stick with the original thread, as all those matters were hammered out.
 

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