Legal Question in Credit and Debt Law in Massachusetts

being sued by car rental company

I had a ''single auto'' car accident w/ a rental car, it was my fault, and I did not get rental insurance. My credit card policy stated that they covered auto insurance if I had refused the rental's insurance. Sent in a complete package of all info needed to credit card company, followed up to make sure they received it, and followed up with rental company to let them know that it was being handled by my credit card company. Now, almost 2 years later, I'm being sent court papers stating that I am being held responsible for the damage claim, and have to respond to some kind of court filed letter (which I'm assuming was not delivered correctly because I just happened to find soaking wet & more than 10 feet away from my building 2 weeks after the marked date). I have since then closed the majority of credit card accounts including that one. What should I do now?


Asked on 11/21/08, 12:25 pm

3 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: being sued by car rental company

If you were served with a summons and complaint, you only have 20 days to file an answer, or you will be defaulted.

You should contact your insurance company and see if they will defend you. You must file an answer or request an extension immediately to preserve your rights.

Is the rental car company suing you or is the credit card company? Depending on the amount at stake here, you probably need to speak with an attorney as soon as possible.

I will be available tomorrow morning, if you would like to speak with an attorney.

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Answered on 11/21/08, 5:40 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: being sued by car rental company

The issue of which party bears the economic burden of liability depends upon the agreement you had with your credit card company, but I would most certainly respond accordingly to the complaint you received.;) Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.;)

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Answered on 11/26/08, 11:16 am
Joseph Murray Joseph M. Murray, Esq.

Re: being sued by car rental company

First, if you had an automobile insurance policy in effect when you had the accident with the rental car determine if they will defend you on this suit. If not, retain an attorney to defend you.

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Answered on 11/21/08, 1:01 pm


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