U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Economics
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Closed Thread Start New Thread
 
Old 05-22-2019, 07:15 AM
 
4,800 posts, read 1,207,587 times
Reputation: 3707

Advertisements

Quote:
Originally Posted by karen_in_nh_2012 View Post
Because YOU WERE DRIVING when you weren't supposed to be driving as you weren't listed as an authorized driver!!! You never answered that part.

Even if the person who rented the car got rental car insurance, if he/she didn't list you as an authorized driver I doubt that his/her rental car insurance would cover YOU.

So again: why were you driving when you weren't listed as an authorized driver??!!! THAT seems to be your biggest mistake, and I can't fathom why you would do that. Sorry!
Quote:
Originally Posted by ocnjgirl View Post
When you rent s car you have to tell them everyone who will be driving it and their license etc. sometimes it costs extra for each driver. Iíve done this twice. My niece and I drove from an airport in Chicago to our Aunt and Uncle 2 hours away. I had the credit card so had to reserve it, but I donít like to drive in places Iíve never been so she drive. I think we paid $25 extra a day to add her as a driver and she had to show her license.

Allstate might have been the car renters personal auto insurer. Most people donít buy the car rental insurance because either their own car insurance or credit card covers rentals. But you canít just let anyone drive it. The insurance covers the person who rented it.
Yep.

Quote:
Originally Posted by BugsyPal View Post
Maybe she did, or didn't. Have hard time following her posts, so may have missed something.
Quote:
Originally Posted by Roselvr View Post
I wish she would come back or her friend that told her to come here would post to help us understand what happened. She said she tried to find an attorney "to take her case" then says she thought everything was ok. I'd like to know if she tried to find an attorney specifically to sue the other driver for her broken arm. As of now we still don't know what she originally wanted the attorney for.

I was T-boned by a furniture delivery truck 2 years ago. They were parked on the wrong side of the street. I watched the passenger close the back door, I wasn't even going 15 because I had to turn in 25 feet in front of them into my grandson's driveway. I was just starting my left turn when the passenger jumped into the truck. The driver was looking down where a center compartment would be, next thing I know the truck jumped out of the spot, coming straight for my car doors on the drivers side. I watched him finally look up as he was about to hit me but he couldn't stop in time. My pristine 15 year old SUV was totaled. The other driver didn't get a ticket either even though he was parked and now driving on the wrong side of the street. I had no issues finding an attorney to take my injury case. I can't understand why the OP can't find an accident injury attorney.

Anyway, I think we may have lost her. She hasn't logged in since 1am yesterday.
OP is being purposefully evasive in her responses, as far as I am concerned.

 
Old 05-22-2019, 07:25 AM
 
242 posts, read 87,967 times
Reputation: 544
Maybe she came here looking for sympathy and didn't get it? There are a LOT of unanswered questions in this story.
 
Old 05-22-2019, 10:22 AM
 
2,766 posts, read 5,612,154 times
Reputation: 1876
If you don't own a vehicle, you will still need coverage to drive.

A Named Operator policy would've covered you.
 
Old 05-22-2019, 11:16 AM
 
Location: Greenville, SC
4,628 posts, read 3,694,680 times
Reputation: 8613
If you qualify as low income wherever you live, there may be lawyers who take on pro bono clients in your area. If you don't have auto insurance at all, you shouldn't have been behind the wheel. And if that's the case, how did you manage to rent a car in the first place?

https://legalbeagle.com/5123208-pro-bono-lawyer.html
 
Old 05-22-2019, 11:20 AM
 
1,713 posts, read 573,596 times
Reputation: 2706
How was the broken arm paid for?
 
Old 05-22-2019, 12:01 PM
 
Location: Washington
45 posts, read 13,691 times
Reputation: 118
Quote:
Originally Posted by Quietude View Post
The OP did not have a car or insurance. First guess is that the rental company's insurance is the responsible party, if there is any valid claim at all.
yep but some here seem to not get that aspect.
Insurance insures the car, not the person when bought at the agency. It is a rental agency so there are many drivers, it would be impossible to insure the driver. MY husband rented our last vehicle, we chose to pay extra not to use our own insurance (ok the estate paid, I was executor). It didn't matter who drove the car. It insured the car.

She isn't responsible, imho, IF this is the circumstance. Much of this may depend upon the State the incident took place

Last edited by SemiRetiredAt60; 05-22-2019 at 12:29 PM..
 
Old 05-22-2019, 12:09 PM
 
Location: Washington
45 posts, read 13,691 times
Reputation: 118
Quote:
Originally Posted by karen_in_nh_2012 View Post
Because YOU WERE DRIVING when you weren't supposed to be driving as you weren't listed as an authorized driver!!! You never answered that part.

Even if the person who rented the car got rental car insurance, if he/she didn't list you as an authorized driver I doubt that his/her rental car insurance would cover YOU.

So again: why were you driving when you weren't listed as an authorized driver??!!! THAT seems to be your biggest mistake, and I can't fathom why you would do that. Sorry!
It doesn't matter. It is done with and she doesn't owe you a motive. She has only requested assistance AFTER THE Fact. Somehow you've missed that

Self Righteous finger wagging is unnecessary and not helpful to the thread
 
Old 05-22-2019, 12:17 PM
 
Location: Washington
45 posts, read 13,691 times
Reputation: 118
Quote:
Originally Posted by numsgal View Post
Maybe she came here looking for sympathy and didn't get it? There are a LOT of unanswered questions in this story.
She never requested sympathy, actually read her posts. She is afraid of being sued.
 
Old 05-22-2019, 03:01 PM
 
Location: Ohio
19,875 posts, read 14,217,545 times
Reputation: 16070
Quote:
Originally Posted by SemiRetiredAt60 View Post
She isn't responsible, imho, ...
Well, you're absolutely dead wrong. This is basic Tort Law.

Who operated the vehicle?

The OP did.

Who had a Duty of Care?

The OP did.

Who breached that Duty of Care?

It's a question for the trier of facts to determine if the OP breached that duty.

Was plaintiff's injury a direct and proximate cause of OP's breach?

Again, that's for the trier of facts to decide.

If the trier of facts -- a judge, a panel of judges or a jury -- decides that the OP breached her Duty of Care, and that plaintiff's injuries were caused by OP's breach, then...

...OP is liable. Period. End of story.

Of course, the OP may appeal the verdict and perhaps the verdict will be reversed or reversed and remanded.

Good luck with that.


Quote:
Originally Posted by momtrynasurvive View Post
Yes I'm absolutely sure no one's listed at fault on the police report.
That, and opening your bedroom door will get you a view of your bedroom.

Perhaps I should state it more succinctly: The court doesn't give a damn what the police report says.

I'm willing to be the cop is not a school-trained traffic accident investigator, which means whatever he says or said is worth less and worthless, and would not even be admitted as evidence.

Quote:
Originally Posted by momtrynasurvive View Post
The cop didn't issue any tickets and stated, let the insurance figure it out.
Yeah, so what?

It doesn't matter whether tickets were issued or not.

Quote:
Originally Posted by momtrynasurvive View Post
I was the only person injured in the accident (fractured my arm) yes there was significant damage done to the rental car.
That's a false statement of fact.

Not all injuries manifest themselves immediately. You've never investigated or litigated as many vehicle accidents as I have, so I wouldn't expect you to know that, but it is true. For all you know, it could have been several days to several weeks after the accident that the other party sought medical treatment.

Quote:
Originally Posted by momtrynasurvive View Post
Let me be clear the other drive HIT ME!!!!!
So, you ran a STOP sign and the other driver hit you.

Or, you failed to yield and the other driver hit you.

Do you see my point?

In both examples, the other driver did hit you, but you were in error.

You can waste your time protesting all you want, but unless and until we see all the facts, we can't make a judgment, but lucky for you, the court will.

Quote:
Originally Posted by momtrynasurvive View Post
I have been trying to find and attorney to take my case but its been over a year since this happened and thought everything was fine.
You thought wrong.

Nothing is "fine" until the Statute of Limitations expires.

Quote:
Originally Posted by momtrynasurvive View Post
The rental car was covered and fixed, so really don't understand why I'm being sued.
You're being sued, because you are personally liable, and because you're ignorant of a great many things. This is a lease. The rental agent is the lessor, and the party that rented the car is the lessee.

You're being sued for one of the following possible reasons:

1. It may be that under Texas State law, the lessor is not obligated to provide personal injury coverage, in which case you and you alone are personally liable for damages.

2. The insurance covers only the lessor and lessee and no one else, in which case you and you alone are personally liable for damages.

3. The plaintiff's damages exceed the personal injury or property damage limits of the policy, in which case you and you alone are personally liable for damages in excess of policy limits.

At the end of the day, you need to find an attorney.

If you're not going to get an attorney, then don't waste anyone's time, because that indicate you're not telling the truth.

You claim you broke your arm, right?

Well, that's worth $10,000 to $40,000.

So, don't lie and say you cannot find an attorney who won't take your case on contingency, which means you pay nothing until the case is settled or a verdict is reached.

If you get an attorney now, a smart attorney will file immediately.

Why?

Strategy.

It preempts the other party. Now, you force them to file a counter-claim or cross-claim.

That makes you smell like roses.

Wait until Allstate files and then you file your counter-claim, it looks like sour-grapes to a jury, and they may not find you as credible, which hurts your chances of winning.

Why don't you go ahead and sign up with CreditKarma?

Because if you do nothing, then at least you'll see the judgment on your credit report and you can watch your credit score tank.

Then, 10 years from now, you can watch the judgment come off your credit report, and maybe, just maybe, your credit scores will increase.

In the mean-time, you can watch money being taken out of your paychecks the rest of your life to satisfy the judgment.
 
Old 05-22-2019, 03:13 PM
 
Location: Washington
45 posts, read 13,691 times
Reputation: 118
Yes the OP is responsible if she was driving. But with insurance, IF whoever rented the car purchased it at the agency, she should be covered. We may have to agree to dis-agree or maybe laws are different in different states.


Honestly, what I didnt add, is we got into an accident while I was driving. My husband rented the car but had a medical issue and some fool backed into us. All we did is report it to the agency and it was taken care of. We said it was a hit and run though we just never got the drivers info.


It didn't matter who drove. We informed them I was driving BUT ....we bought their auto insurance at the time of rental


About her injuries, I'm guessing she's on her own.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Closed Thread

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Economics
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top