I was recently in a car accident. I have full collision and comprehensive coverage through a national car insurance company. My insurance determined I was NOT at fault for the accident. One of the other cars involved in the accident was a rental car. The rental car agency (a local business, not a national agency) has told me that I am responsible for the damage to their car since my insurance will not pay for the repair. In the rental company's most recent correspondence (they have been harassing me daily with phone calls and text messages), they stated they will now pursue legal action against me (not my insurance company) in small claims court. I am worried about both the extra legal expense this may incur and the effect this will have on my credit (the rental company has assured me this will damage my credit). My insurance company has told me that if this rental company does present me with paperwork, that I am to contact them (my insurance co); however, they won't tell me anything more about what action they will take once I am served, except to assure me they will stand by their decision that I am not at fault. What are my rights ? Is this a wrongful suit ? Or do they have a right to sue me even though I have protected myself with car insurance ?

I was involved in an accident with a rental car; my car insurance company determined I was NOT at fault; the rental car company has informed me they are suing me (not my car insurance) in small claims court for the damage to their car, as my car insurance will not pay.

#1 is this a wrongful suit ?
#2 will this damage my credit ? The rental car company has informed me that by suing me, it goes in my credit report.
(#3 can I counter-sue if this is wrongful and/or unfairly damaging to my credit ?)

:eek:

Tell the rental company to send you the estimate.
Tell them you will turn it over to your insurance company and your lawyer to take from there. Tell them IF they determine you are to pay and what amount you will be willing to pay. Until then you are not sending anything.

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Originally Posted by browntable

... I have protected myself with car insurance ?

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Having insurance protects you from nothing. Your insurance company will weasel out of paying anything you let them as that is their most profitable course of action.

You can also be sued by anybody for anything in the hopes that you will settle with them to avoid going to court. The rental company may be suing you, the person that rented the car, the hot blonde that was present at the scene because she was a distraction to drivers, and the paving company who paved the street possibly incorrectly.

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Originally Posted by browntable

My insurance determined I was NOT at fault for the accident

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Again, they would determine you were not even if you were, because that is their most profitable stance to take. Forget the insurance company's opinion, whom did the police determine was at fault or charge for the accident? I would be more concerned about that if it goes to court.

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Originally Posted by browntable

My insurance company has told me that if this rental company does present me with paperwork, that I am to contact them (my insurance co)

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Exactly, before then they do not have to do a thing.

Anyone can sue you, anytime. Document every phone call and t/m; actually, you may already have this information. Contact the local police and/or sheriff about phone harassment, as well as your phone provider. Write your insurer a letter and notify it in writing of the accident. Where is the accident report? Most likely, your liability insurance carrier has a duty to provide you with legal representation during this dispute. The others can sue, but your insurance carrier will defend, most likely.

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Originally Posted by Scleros

Having insurance protects you from nothing. Your insurance company will weasel out of paying anything you let them as that is their most profitable course of action.

You can also be sued by anybody for anything in the hopes that you will settle with them to avoid going to court. The rental company may be suing you, the person that rented the car, the hot blonde that was present at the scene because she was a distraction to drivers, and the paving company who paved the street possibly incorrectly.

Exactly, before then they do not have to do a thing.

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Most all of this answer is not well informed; use your best judgement at all times, however.

They may sue you, if found guilty in court, the insurance company will have to pay. They are merely threatening you and trying to scare you, once they started calling every day, it should be obvious they are low class and will do every trick they can.

Most likely if they try to do it in small claims, your insurance company will force them out of small claims into superior court. Where they can use their attorneys,

But yes, they have full right to sue you.

Anybody can sue anybody for anything so you need your insurance co. and hopefully a lawyer to back you up. Don't do anything without their advice because the rental company and their insurance co WILL try to trick you into signing your rights away. Then you very likely could end up owing every penny they say and even more.

Possibly the rental company thinks you are at fault. The person who got the ticket for the accident is at fault. Who got the ticket? What were the circumstances of the accident also? The rental company should have insurance on their vehicle as per law. Why aren't they going after the renter for the damages? Does not make sense unless it is to scam you out of money.

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Originally Posted by George_1950

Most all of this answer is not well informed; use your best judgement at all times, however.

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Do you work for an insurance company?

Without getting into the merits of the case the filing of a claim against you will likely get picked up by the various credit reporting agencies. However, creditors are generally far more concerned with judgments than they are claims (unless a claim is very large or there are many of them).

If the claim is defeated the credit reporting agencies should also pick up that information as well.

As for your other question one generally does not countersue just because one has been sued. If the plaintiff does not win its case then the court will assess costs against it for bringing an unsuccessful action (check the particular court rules in your jurisdiction).

Ok, I totally disagree with Scleros about insurance not protecting you. While some insurance companies do try to protect their interests before yours, most are reputable and it sounds like yours is doing the right. The rental company is trying to scare you. Probably they can't collect from their customer, so they are trying to intimidate you into forking over some cash. So you tell them to stop calling and do what they think they must. If you do get a summons you turn it over to your insurance company and they will deal with it.

Relax and don't worry about this.

I've merged your two threads. Please don't start multiple threads for the same issue.

The only time you need to worry about this affecting your credit is if they win a judgement. And then it becomes a problem only if you don't pay.

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Originally Posted by Scleros

Do you work for an insurance company?

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Had to jump in - felt your answer (to which George 1950 was responding) was not factual. Interesting, perhaps; inflammatory, perhaps; not legally factually.

And, no, I don't work for an insurance company. I investigate accidents for Plaintiffs - I am the enemy of the insurance companies.

Also, the fact that a person is ticketed does not mean the person was responsible for the accident.