Legal Question in Credit and Debt Law in Massachusetts
Below given are the sequence of events for a situation I am in now.
� In May 2009, I rented a car in Germany for a week. I used the rental agency�s insurance, instead of using my credit card insurance. I met with an accident (involving no one else), that resulted in damages to one of the side doors.
� The rental agency contacted me and asked for the police report. I had not reported to the police (Accident did not involve any other vehicles; All the instructions were in German & I have a clean driving record)
� I suggested that I can submit an affidavit instead of the report, but they refused to accept.
� On January 2010, they send me an email with the following information:
�As you failed to call the police to the place of accident you had breached the conditions which expected the hold-harmless agreement (collision damage waiver)as contracted. A police report for example could have been cleared nearer circumstances. If the police has been involved they could clarify the question whether the damage to our vehicle was intended or negligent. An additional complaint through the police doesn't make the judgement possible either.� (Btw, They had never given me the contract agreement)
They sent an invoice for �6K as estimated repair costs and �1K for administration, value diminution, loss of use etc
� I replied stating my financial situation and said that I am willing to pay the �750 which was the deductible.
� They refused to accept it, and their collection agency in Germany sent me two reminders in July and August 2010
� In Dec 2010, another US collection agency added a collection account of $11K to my credit file.
Request your advice on how to handle this situation. I am a student and I cannot afford to pay this much of money.
1 Answer from Attorneys
It depends on your interest. You can dispute this issue with the credit reporting agencies, if your credit is an issue. If they attempt to sue you on the claim, the German contract will be at issue. The US firm is probably looking for a settlement, and they understand the basic principle that if you start at a very high number, the settlement is likely to be higher.
I have handled these so called "foreign judgment" defense cases before. If you get sued, feel free to contact me: Litigation Massachusetts
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