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-   -   Small car accident (https://www.askmehelpdesk.com/showthread.php?t=410009)

  • Oct 26, 2009, 09:01 PM
    ramimech
    Small car accident
    Hello ,

    I had a small car accident on rented car from "budget" and they had registered liability claim for that as well but not paid till today. Now Today I got sued from the other party for the payment . The file date is of 23rd Sept and they wanted me to reply before one month which is already passed.

    Now what I should do in this case. The amount is 3000$. But Budget has to pay it why they are giving me summons.

    Please advise asap.

    Regards,
    Rami
  • Oct 27, 2009, 06:13 AM
    JudyKayTee
    Quote:

    Originally Posted by ramimech View Post
    Hello ,

    I had a small car accident on rented car from "budget" and they had registered liability claim for that as well but not paid till today. Now Today I got sued from the other party for the payment . The file date is of 23rd Sept and they wanted me to reply before one month which is already passed.

    Now what I should do in this case. The amount is 3000$. But Budget has to pay it why they are giving me summons.

    Please advise asap.

    regards,
    rami


    I'm somewhat confused. Am I reading this correctly? Budget has not paid the claim? ("... but not paid till today.")

    The other party wants the money for damages - Budget isn't paying and so they are suing you. If Budget does pay there is a possibility that Budget will sue you.

    Did you claim this accident under your personal auto insurance?

    (For the record, $3,000 in damages - plus whatever happened to the car you were driving - is NOT a "small car accident.")

    Who was responsible for the accident?
  • Oct 27, 2009, 08:30 AM
    ramimech
    Thanks for the reply.

    Let me elaborate this.

    I had taken rented car from Budget with full insurance coverage from Budget rented car company. I do not have my own car.And I met with accident with this rented car where I was under fault. I have accepted that and informed budget about that. They have already registered claim for this. Last month they said they are waiting for reasonbale demand from other party.

    Now yesterday I got summons from the other party to pay 3000$. The important thing is the date of summons is 23rd Sept and I got it yesterday on 26th Oct. As per summons I have to reply within 30 days but I got it only after one month.

    I am contacting Budget for the paper work they have done so far.
    But I am not understanding what to do with this legal notice.

    Please suggest.
    Regards.
    Rami
  • Oct 27, 2009, 10:55 AM
    JudyKayTee

    It's 30 days after you are SERVED. It's not 30 days after the papers are written and/or filed.

    Obviously the other party doesn't want to wait any longer and so they have placed this in suit.

    I would expect Budget to likewise attempt to collect from you at some point in time.
  • Oct 27, 2009, 11:11 AM
    ScottGem

    As Judy said, Budget's insurer is apparently trying to negotiate a better settlement and the other party doesn't want to wait.

    You contact Budget and tell them about the suit then respond to the court indicating your Intent to Defend with the reason being that you purchased insurance and they should be covering this amount.

    Now it is possible, depending on the wording of the limited policy you signed when you rented, that Budget's insurer will come after you if it was your fault.
  • Oct 27, 2009, 02:00 PM
    ramimech
    Thanks for the reply.

    I have send the summons to Budget person who was handling this claim. Now Do I have to do anything for this or just I have to wait for Budget to respond and handle this claim.

    I think Budget is offering low amount that is why it is dragging. So how this can be settled.

    Regards,
    Rami
  • Oct 27, 2009, 03:19 PM
    ScottGem

    No you need to respond to the court as well.
  • Nov 5, 2009, 03:05 PM
    ramimech
    Thanks,

    Today Budget has sent me an email saying they have released the payment (the same amount what other party have claimed) and metioned as below.

    "The settlement payment has been sent the Plaintiff Attorney,whom will contact and notify the majesty/or courts with the same,along with the dismissal of the case. You are not responsible to conclude this paper work."

    So , still Do I have to file a written response to the court?

    Please suggest.

    Regards,
    Rami
  • Nov 5, 2009, 09:04 PM
    ScottGem

    Nope.

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