the accident that won't go away...

i need input...


back in october i was involved in an accident in my dealer provided rental car ... (see details below). the other driver was at fault and cited. the driver was from out of state and provide his so-called insurance info to the officer. well after 6 months of dealing with budget rental car company on multiple occasions... budget tells me i am responsible for the repair bill of my rental car in the amount of $876 dollars b/c the driver at fault apparently didn't have insurance after all... budget is now claiming they will turn me into collections if i don't pay or turn the claim into my insurance company ($500 deductible). i never signed any rental car paperwork at the dealer... the dealer just provided me with a set of keys. therefore i feel the dealer should be the responsible guarantor. i never signed a rental agreement nor was i given the opportunity to sign for additional coverage if i had wanted it. point is... i never signed a contract with budget... how can you collect on one who wasn't in a binding contract??

let me get this straight... so the guy without coverage and at fault gets off scott free... at my expense. what bs.

what gets me is... i would not have been in this rental car...if the dealer didn't screw up my car during its initial servicing... i personally feel the dealer should cover this cost for the fact my car would have never been back at the dealer. thoughts?? i am planning on having a meeting with the general manger at chrysler in regard to this... but i may have to get my attorney involved but was hope for no out of pocket expense on my end for this incident... maybe a letter from him would be sufficient to budget. who knows.

the car was at the dealer for the 2nd time... do to technician neglect. it was there for 30+ days for repairs/damage to the car from the technicians shoddy repairs (see link below for full story)...

initial service thread: https://www.crossfireforum.org/forum...light=accident

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accident report details:

I was making a right hand turn (north bound) from the service road located at 6350 Frantz Rd. The car in front of me (Cadillac) pulled out onto Frantz Road. I then began making my right hand turn, and the Cadillac stalled once in the middle of Frantz Road in front of me. The Cadillac then directly backed up into the service road area and side swiped the rental car I was driving. This accident created damaged to the rear quarter panel, rear bumper and hub cap of the Chevy Cobalt rental car. The Cadillac driver was cited for: unsafe backing.

The driver stated to me after the accident the reason he backed up was to avoid being broad sided on Frantz Road. He stated, his car had stalled due to a faulty gas pump and low fuel and he had no other choice but to restart the car and put his car in reverse.

These are pictures of the accident scene prior to any movement of the vehicles involved in the accident.

DSC00652.jpg

DSC00650.jpg

DSC00653.jpg

 

Andrew, have you discussed this with the dealer, and your insurance company to get their position?

 

i discussed it with the service manager (as did budget)... and the service manager states... i should be the responsible party because i didn't ask for supplemental insurance when retrieving the rental car (it wasn't even offered to me).

i am going to contact my insurance company on monday... i didn't do so yet... b/c i didn't want to throw up a red flag and have an incident listed against my policy. i did speak with another insurance agent/friend and he stated i should contact my state farm agent and provide him with the details... he also stated, my good drivers discount would not be affected if i did run a claim through my insurance b/c i was not at fault... but i don't feel i should have to pay anything toward this...

i'm beginning to wonder why one even needs insurance... if its this easy for an individual to be at fault and not suffer any consequences for their actions.

 

Andrew,
The rental company is going to go after the easiest target...you. It is much harder for them to go after the guilty (uninsured) party. You should contact your insurance company, and let them fight it out with budget. That's why you have insurance. Since you have legal proof that the accident was not your fault, you will not get dinged for the damages. They MAY come after you for the deductible, but if it were me, i would tell them to stuff it and turn me over for collection...frig 'em. I would also hammer on the dealer, but sit down with the OWNER, not the service manager and explain the whole thing start to finish. My guess is that he (or she) will try to help you. Especially if you did not get nasty and rude with the people at the dealership.

 

Well if you file through your insurance, they will go after the guy, and if they recover the damages, you will get your deductible back. However, chances are not good that they will recover anything from the loser.
As to the insurance from the dealer, I would think that if they did not offer you the additional insurance, they would be liable. Whenever I've rented a car when traveling or through a dealer loaner, I've always had to initial the part of the contract that says I DECLINED the coverage. They do that in fact to cover themselves that they offered it. In your case they did not offer it, and have no proof that you decline it. Your insurance should give you guidance through this, as they would prefer not to pick up the charges.

 

First of all the rental company didn't follow procedure. Tell them you are taking THEM to court and then they will realize if they lose they will have to pay your attorney fees. Second thing would be to let your insurance company pay and let them go after the one that was at fault. That's what they are for! Good luck!

 

~ the latest letter from budget (4.10.07):


Dear Andrew Smith,

Please be advised that I personally spoke with the Service Manager, at Crown Chrysler, and he stated that even though the dealership provided a replacement vehicle for your use while your personal vehicle was being repaired, you as a consumer, still have an obligation to either accept or decline any optional services offered to you to protect your interest while using a rental vehicle. Since you did not accept our coverages, we are holding you responsible for the damages to our vehicle.

As you where advised during our telephone conversation on Monday, April 9, 2007, if this claim is not paid in full, this file will be forwarded to an outside vender for further assistance, You do have the right to file a claim with your own auto carrier for payment of the damages.

Budget does realize that you were hit from the rear by a uninsured motorist, however, our contract clearly states that the renter is fully responsible for the vehicle in the event they do not accept the loss damage waiver.

Should you have any further question regarding this, you can contact our office at the number listed below. Otherwise, we do expect payment in full by April 23, 2007, or this file will be forwarded to an outside vendor.

Sincerely,

Budget Fast Track Unit
Claims Department

 

Andrew, did you decline this? If it was not offered, and they never had you initial where you decline it, I would think you should be OK. Make sure you share this with your agent.

 

~ i never saw a contract via budget... to accept or decline additional coverage...

i was just handed the keys via the service writer and off i went.

 

I know here in Virginia, you are responsible to have coverage from your insurer or take out coverage from the rental company. You may be stuck here, Andrew...but I would still try to fight it out. If the Dealer rented you the car from his facility and the employee who initiated the paperwork did not warn you of the liability or ask if your insurance would cover any liability, then I say they were negligent in preparation of the paperwork for your rental. They are the professionals here and should have proper training. I think this would hold true if you also went to an offsite rental company. The dealer I use for service will only give you a rental from Enterprise (and there is a Rep from Enterprise on site) or give you a loaner from their fleet. I would at this point talk to a Lawyer, while fighting it out and find what the law is in your state. At this point I think you are the easier target, and they may believe that you have the ability to pay rather than chasing the uninsured motorist and hope they can get the money out of him.

 

Did you sign anything? From what I read you didn't nor were you given an option. Go to court!!! They failed miserably!!!

 

That should be your defense. IMO.

 

Who paid for the rental car, the dealership I expect, therefore, isn't the dealership the customer?

 

~ yes the dealer covered the associated rental costs...

...since the car was out of warranty and my car was returned to the dealer (30+ days) for unexpected repairs/destruction from the prior service attempt.

 

It seems to me that the dealer is the rental agent, and as such should have given you the option for the added coverage. I insist this is why they have a formal form that's part of the contract where the customer has the option to elect or reject the added insurance. I tell you, they always make it a point to sell it to you, and if not they want you to initial that you are taking the risk by rejecting the added coverage.

 

Andrew,

Did you sign anything at all? Did you give a credit card? I know my dealer makes me give a credit card and sign a slip type thing.

Do not get your insurance involved. All it will do is make your rates go up.

If you did not sign anything at all, then they did not give you the opportunity to have damage waiver. Go with this and stick to it.

Then if they put you to collections, and it hurts your credit get a lawyer and sue their ***.

 

Andrew, I think all you have to do is tell Budget Rent a Car that you want to see the rental agreement for the car that you were driving. Since the Chrysler dealer gave you the car to drive, I would assume their name, or someone who works for them would have had to sign the original contract just to get the car from Budget in the first place.
Since you never signed anything, nor were you asked to sign anything, then the person whose name that's on the original contract that Budget has (in their possession) is the person who is legally responsible for any and all damages to that car.
Just because some "low life" (who was responsible for the accident) doesn't have insurance for them to collect off of, they decide to go after the next person in the chain of events, you.
Don't pay any attention to their letter. It sounds just like the usual "scare tactics" big corporations use to intimidate the little guy.
I hope you don't need to get your lawyer involved. Why should you have to pay anything out of your pocket for something that wasn't your fault?

Good Luck.

 

~ i didn't sign anything at all... no insurance card or drivers license provided, etc...

~ my allstate friend confirmed that my insurance rate will not increase b/c this was a 'no fault' incident and i would not be held accountable due to the fact the other individual was cited for the accident...

~ i protect my credit like gold... i have a low 800 beacon and wouldn't allow a collection to jeopardize my credit history... i don't feel i could legally be sent to collections without proof of a signed contract... on a debt that has not been established.

 

~ budget doesn't have one... from me or the dealer... this has been confirmed.

i think the budget leasing agent dropped the ball on this one.

budget then tried to add the signed agreement/contract from the 'replacement' car i did sign off on ('06 grand prix - white).
i told budget the agreement provided in the documentation applied to the replacement car... 'NOT' the car involved in the accident that was provided via the dealer.

the budget rep then stated, that the police report shows i was the driver of the rental car... therefore i am the responsible party.

 

Andrew, Car Rental Companies don't hand out cars without someone signing for them. It sounds like they very continently "lost" the original rental agreement, and if the only paperwork they have your signature on is for a white Grand Prix, then that's the only car they can hold you responsible for.
It looks like you're going to have to get your lawyer to write them a "stern" letter. They are simply trying to "rail road" you.