Legal Question in Traffic Law in New Jersey

How should I handle rental car accident?

I had an accident while driving a rental car. The other party and I elected to drive to the nearest police station to report the accident, rather than wait for police to come. I believe that the other party was in fault, but she stated that it was my fault. I have witnesses, some of whom were in my car, and others followed us in another car, however they're all my friends. The police did not issue any tickets and their accident report is inconclusive. This happened in Utah and I'm in New Jersey.

The rental company wants me to pay for the repairs. I rented the car with a Visa card that has auto coverage on it. So, I could just let them handle it. However, I'm afraid that will lead to points being assesed on my own car insurance, as they will probably try and push it onto them, and my premium will increase as the result.

How should I handle this in order to avoid points on my insurance and increase in premium? Should I have Visa pay, and then fight my insurance company if they assess points, or should I try and fight the rental company and try and convince them the accident was not my fault? If the latter is the case, can I do this in NJ or should I try and find a lawyer in Utah?


Asked on 10/13/03, 1:31 pm

2 Answers from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: How should I handle rental car accident?

It sounds to me that if you have the money and time to either handle the problem in Utah with a Utah lawyer, or in NJ with a NJ lawyer, you may have the money to pay for the repairs yourself and this way avoid your insurance company from ever finding out. If Visa pays and goes after your insurance then they will find out, according to your message. So, why not just handle it yourself, without input from Visa. If you want the other party to pay, better get a Utah lawyer. I know of no lawyer around here who would touch it.

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Answered on 10/13/03, 1:42 pm
John Pinho John Pinho

Re: How should I handle rental car accident?

The venue of your case is Utah assuming the other driver is from Utah there are no contacts with New Jersey. My advise is that you turn it over to your insurance coverage through your Visa card. There will be no insurance points accessed to your driver's license since your insurance company is not paying for the accident. The insurance carrier (for the Visa Card) will only pay if you are liable.

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Answered on 10/13/03, 6:03 pm


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