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Driving a rental car and slides into a car.

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What is the name of your state (only U.S. law)? Missouri

So I have this client that was driving an Enterprise rental car and he slid into someone. This happened in December. When this happened they pulled over and exchanged information. He did not have insurance with Enterprise and did not realize his esurance had lapsed. Either way, they pulled over and he attempted to call the police and the two women refused saying it was ok. He was persistent but they insisted they had to go. He went back and verified there was no damage on the rental car or the other person’s car. He is an honest person and would have taken care of it I'm sure.

He failed to still call the police. Later that day, a company called ELCO called him seeking information. He told them the story and stressed he wanted to call the police but they refused. He told them he was going to call the next day but the rep told him they probably would not come because they could not see the cars. He regrets not calling. So a few days ago, he gets a letter from this ELCO saying he owes $530 dollars in damages. No court, no notices, no chance for him to look at it, no police report, no nothing, and no chance for his input in any way. It was a normal letter that was not certified. Threatening collections or legal action. He is pretty upset and wants them to take him to court because he sure there was no damage.

He's still renting the car currently.

So that’s it. Any advice?
 


ecmst12

Senior Member
Unless he is a professional appraiser and examined the car in good light, carefully, he can not be "sure" there was no damage. $530 is not very much and an inexperienced eye, in poor lighting conditions or a cursory glance, could easily miss it. He needs to pay the bill.
 
I'm sure he would but just wants to make sure he's paying for something that he actually caused. I think he is going to wait for a court order.
 

ecmst12

Senior Member
That would not be adviseable. Then he'll end up owing court costs, and he could have his wages garnished and his credit damaged and other nasty things. If he wants to see the estimate and the photos of the damage, he can and should request it. But waiting to be sued is just dumb.
 

ecmst12

Senior Member
He can disagree all he wants but unless he has some solid, irrefutable evidence that this damage was not from the accident he caused, he's not going to win. He caused the accident and the accident caused damage. He has to pay, he should be glad it's not more.
 

VeronicaLodge

Senior Member
however, if he is going to pay the demand, he needs to get a signed release in exchange or they could just demand more later and take him to court.
 

ecmst12

Senior Member
We use releases for PD - when the car is a total loss, or if the amount is more then $3500. For this, it would be overkill.
 

LSCAP

Member
I would want a release.
Of course they couldnt say, "Thanks for admitting guilt." By the way my neck hurts etc.....

Like Ecmst says. It's about money.
 
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ecmst12

Senior Member
A PD release won't stop the driver of the other car from claiming injury any time before the SOL expires.
 

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