Legal Question in Insurance Law in Washington

rental vehicle accident

I had an accident with a rental vehicle. The vehicle was not insured. I called 911, but only a tow truck came (no police, so no police report). Two months later I get an assessment of the damages from the rental company totaling $17,000. They offer to give me a payment plan: $200/mo. I was given a promissory note to sign. It also had to be witnessed and notarized. I haven't sent it yet. My questions: If I really do owe them this money and I have no other option but to pay, why would I have to have a promissory note, a witness, and a notarized stamp? Should I file for bankruptcy? I am a student and I own nothing.


Asked on 9/14/05, 12:33 pm

1 Answer from Attorneys
James Vasquez In Pacta, PLLC

Re: rental vehicle accident

First, you need to have them provide you with proof that the vehicle did in fact sustain that amount of damage they claim. They need to agree to have the vehicle sent to an independent body shop for an estimate, and provide you with proof of the estimate. Second, did you have your own insurance, if so your insurance may be able to cover the damage to the rental vehicle, check with your insurance company. Third, if they do not or will not provide you with proof of the damage, don't sign anything until consulting with an attorney about your rights. Lastly, I would not file for bankruptcy until they have a judgment against you. You don't need to pay until a court orders you to do so. Of course, you should consider that if you are sued that they may have a right to attorney's fees.

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Answered on 9/14/05, 1:18 pm


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