Hit and run, Insurance will not pay. Is it time to sue?

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PostPosted: Sat Aug 15, 2009 11:06 am   Post subject: Hit and run, Insurance will not pay. Is it time to sue?  

Hi, I was involved in a hit and run about three months ago. I was sitting at the drive through when an unlicensed drunk driver rear ended me. The driver hit me and then sped off. Five cop cars had to bring him back to the scene of the crime. The man was arrested for drunk driving, driving without a license, no proof of insurance and leaving the scene of an accident. It turns out the car was am enterprise rent a car. The car was not rented to the man that was driving it.



It took me two months to get a copy of the police report. They said I could not get a copy tell the case was closed so I had to wait. The police report clearly shows the accident and proves that he was 100 percent at fault. I faxed a copy of the police report to enterprise. I got thrown around to 3 different people all of which I had to keep calling to get any answers. After I received a letter stating that “I was 100 percent at fault and I should call them to set up payment options” I was a little upset to say the least. So I called them and they said it was a mistake and to disregard it. I called them again today and the man told me that they were not going to do anything to pay my claim because the lady that the car was rented to said it was stolen. I said that is fine, if you press charges against the driver for grand theft auto I will stop pursuing you for the claim and I will go after him but in tell then I do not consider the car stolen. I asked him if the windows were busted into or if the ignition had been tampered with. Amazingly they were fine. Then I asked how the lady brought the car back if it was stolen. They must have been some really nice thieves to bring the car back after they stole it. The thing I keep wondering is how the drunk driver managed to get a stolen car out of the impound? The insurance company will not give me the name of the lady who rented the car so I can’t talk to her.



So what do I need to do now? I think what I need to do is sue the insurance company. I am not sure how I go about doing that, and how much money to sue for. I would like to make them pay for dragging this whole thing out way longer then it had to be and for telling me that in MN a person is insured not the car, so if she was not driving it then her insurance is not responsible. Which is the biggest crock of shit I have ever heard?

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PostPosted: Sat Aug 15, 2009 1:01 pm   Post subject:   

Quote:
The insurance company will not give me the name of the lady who rented the car so I can’t talk to her.


What else did the insurance co. tell you? Did they express any wish to pursue your claim otherwise?

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PostPosted: Sat Aug 15, 2009 9:06 pm   Post subject:   

Nope the insurance co. said they were not going to pursue it anymore. HE said “someone is not telling the truth and I don’t know who. But at this time it is not our problem." To which I replied “It is not the Saint Cloud police department, they have nothing to gain from lying to you."





I called my insurance co. after that phone call and they said it was time to take them to court. They told me not to worry about the drunk driver or the lady that rented the car just to go straight after the car rental co. They said sue for all damages plus rent a car fees, restitution and then he said there was a set amount you can sue for just for the insurance co. refusing to pay when they are at fault. He said it was 5000 or 8000 in the state of MN.



So if anyone knows what the real number is I would like to know?, or where I can read up on the laws that grant me extra money for having to go through all this bullshit I would like to read it

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PostPosted: Sun Aug 16, 2009 4:28 am   Post subject:   

Looking at limited case law, it seems as if the rental car company would be responsible for the accident if the renter or someone they have permission to drive the vehicle caused your accident.



My guess is that they are going to hang their hat on the fact that their renter did not give the drunk permission to drive the vehicle. Now they said that their renter stated the vehicle was stolen, which would seem to mean that they did not give permission for the drunk to drive the rental.



Your only route would seem to be to file against Enterprise. You may not get anything out of them, but they may get some infomation on their renter. How did the drunk get the keys from the renter. What were all the circumstances from the drunk and renters side.



I could not find anything on the 5 to 8K, but I may have missed it.



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PostPosted: Sun Aug 16, 2009 2:06 pm   Post subject: insurance  

Quote:
I was 100 percent at fault and I should call them to set up payment options
If the man rear-ended YOU, it's HIS fault....especially if he fled the scene. And...you said the police brought him BACK to the scene? Did you see what the police report said, while at the scene? GOSH!! yep...someone is surely lying about this. I recently had to rent an Enterprise Rent-a-Car. They DO have Insurance ('Full coverage') on the car. However.....I DO know if you are driving DUI, etc. that their 'Full Coverage' will not cover you. That's what the Rep said to me, anyway, when I rented a car. Hope this bit of info helps you.
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PostPosted: Sun Aug 16, 2009 3:43 pm   Post subject:   

Wink, do you not have collision coverage under your own policy? If so, of course your carrier will handle your damage, then THEY will pursue ERAC.



If no collision coverage on your policy, I too would go directly after ERAC. They will NOT EVER rent a vehicle to ANYONE without getting that person's proof of insurance or requiring them to pay for a damage wavier, or purchase collision/comp temorarily.



As to the total you can sue for list the highest amount, the judge will sort that out. If it were me I might consider a free attorney consult.



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PostPosted: Tue Aug 25, 2009 12:24 am   Post subject: hit and run  

my car was left at my mother's house to be repaired. The keys were in a drawer and my sister took the keys and allow her boyfriend to drive. He got in a hit and run and i only found this out after receiving a letter from the police. The other drive got my license plate number. Would my insurance be responsible for the damage as i did not give permission for my car to be dricen.


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PostPosted: Tue Aug 25, 2009 11:10 am   Post subject:   

Quote:
Would my insurance be responsible for the damage as i did not give permission for my car to be dricen
Are you willing to press auto theft charges against your sister and her boyfriend? If not then yes, most likely.


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PostPosted: Wed Aug 26, 2009 4:04 am   Post subject:   

Wink, if you file in small claims court, you name Enterprise, the driver and Jane Doe as the renter. Once you have filed the Complaint you can file a motion with the judge ordering Enterprise to produce the rental agreement. You then amend the complaint to include the renter as the Jane Doe.

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PostPosted: Wed Aug 26, 2009 4:13 am   Post subject:   

Show me The Money! Hey Need Some one to spend it With. YOu Should be able to pursue the ENTERPRISE COMPANY because they shouldnt allow a rental car to someone that doest have insurance or at least they should of made the client purchase the extra insurance just to keep their property covered. Cool

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PostPosted: Wed Aug 26, 2009 4:16 am   Post subject:   

if that person who was driving the car gets sued, and lets imagine he didnt have a job or assets to cover the damages done to your vehicle, or you. all he would need to do is file for bankrupcy and the man will be free to walk away, leaving you with damages for you to cover

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PostPosted: Wed Aug 26, 2009 4:16 am   Post subject:   

Quote:
YOu Should be able to pursue the ENTERPRISE COMPANY because they shouldnt allow a rental car to someone that doest have insurance or at least they should of made the client purchase the extra insurance just to keep their property covered
As mentioned, the did not rent the vehicle to the driver. This is a big part of the problem... they won't tell the OP who the renter was. Some states won't allow you to hold the other responsible for the drivers actions. The OP still names ERAC cause it does not cost any thing to name more people and it brings another party to the table. But the main reason is to be able to file a motion for discovery/production and get them to supply the rental contract.
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PostPosted: Wed Aug 26, 2009 4:37 am   Post subject:   

BUT HOW SO NOW ENTERPRISE CAN GO AFTER THE ACTUAL PERSON WHO RENTED THE CAR FOR LOSSES SINCE THEY DIDNT HAVE INSURANCE AND LENDING THE CAR OUT ESPECIALLY TO SOMEONE THAT DIDNT HAVE A LICENSE. CAUSE I DOUBT ANYBODY WILL JUST ACCEPT LOSES AND NOT WORRY ABOUT GETTING THEIR MONEY BACK

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