Legal Question in Personal Injury in California
Not at Fault Accident
Other party backed into me, my ins. said not my fault, won't cover damages as I had rental car, Non-Owner policy, didn't take rentor's coverage at this time. Other driver first tried to leave without giving info, said he would pay for repairs at body shop he knew of, did not want to report to his ins. I went by rentor's policies which entail contacting ins., DMV, as necessary, and damages are extensive-when I contacted other driver with this, he got angy that I reported to ins, said the claims adj. is wrong, tho agreed with my account back to him of what occurred. This man said that he was willing to take care for repairs and to pay half the damages himself, and refuses to contact his ins. company. I'm wondering if he is even insured, tho he gave me the name of ins. company but no policy info. I and the rental agency have his name, and accurate address/ vehicle info. What recourse do I have? Thank you for your information.
1 Answer from Attorneys
Re: Not at Fault Accident
Since the car belongs to the rental company and not to you, only the rental company can decide how it will be repaired. You were right to follow the company's directions and report the accident, since your contract probably required you to do this. The other driver has no right to insist that you breach your contract with the rental company in order to help him save some money and stay out of trouble.
Chances are that the company's liability insurance requires it to use body shops the insurer has approved and that the shop the other driver has in mind is not on the list.
Since you don't get to decide where the car is fixed you can't make this kind of agreement with the other driver. But because the rental company has no contract with him, its only recourse is against you. You will have to pay for the damages and then sue the other driver to recover what you paid. You might be able to get the rental company to delay takinn any action against you while you seek payment from him, but don't count on them to agree.
Have a mechanic you trust review the rental company's invoice. If it seems their costs are too high you can try to negotiate a lower settlement with them. The damages you seek from the other driver will have to be reduced by the same amount, but at least while the case is pending it's less money out of your pocket, and if you never collect from him you will be glad you saved some money early on.
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