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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Hi, Can you look over the back and forth about the rental car

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Hi, Can you look over the back and forth about the rental car that I was dealing with infolawyer and give me a sample of a contract, you can read through to see the situation but basically, I'm going to rent a car and add a friend as a secondary driver and want to have a contract that would put any extra charges from the rental company on to him such as an accident interior damage etc. Even though he will be on the contact as an authorized driver, the rental company puts and accidents on my insurance and costs fees etc. on me.
Is there any way to have in the contract something that will make his insurance company liable? The rental company says they will put it on my ins. or do I just have to have the contract make him responsible to me to reimburse my damages or however it is that would be stated correctly
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.

Hello,

I can't draft a full formal contract in this forum in exchange for $12.50 (my share of your payment). But, here's a quick example:

  • In consideration for acting as the primary renter of the following described motor vehicle: [describe vehicle, rental company and contract number], I hereby agree to defend, indemnify and hold harmless [name of primary renter] for any and all liability connected to my operation of the aforementioned motor vehicle.
  • In the event of a dispute under this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs of suit and collection. This contract shall be interpreted under the law of the State of California. This is the entire agreement between the parties -- no prior or contemporaneous oral or written agreement shall be admissible as evidence to modify the terms of this agreement. No modification of this agreement shall be permitted, except with the written consent of both parties. In the event that any part of this agreement is held invalid, the remainder shall continue in full force and effect.
  • Date:
  • By: _______
  • [secondary driver name]


Note: Be aware that if your friend cannot actually pay your damages, that you will be stuck with the bill. Seriously consider purchasing the various damage and liability waivers provided by the rental company.

Also, be careful with answers received from lawyers who are not licensed to practice law in California. California law is much more complicated than any other state jurisdiction, and in my experience, answers from out-of-state attorneys do not fully contemplate all of the intricacies of California law.

Hope this helps.

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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34372
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi, Sorry, I may have not informed you but the business is going to be in hawaii, is there anything you are aware of that would need to be added or removed?

Expert:  socrateaser replied 1 year ago.
In this case, no (though Hawaii law provides for automatic prevailing party attorney's fees, without a contractual clause expressly stating so). Just change the state to Hawaii in the contract text.

Hope this helps.
Customer: replied 1 year ago.

Can you edit the contract to remove the part thats not needed for hawaii and switch out CA. I'm sure I could but it seams like it wouldn't sound right when i try. Also is it a good idea to put something saying that any legal action needs to be done here in hawaii? is that beneficial? If so can you include something like that? thanks


 

Expert:  socrateaser replied 1 year ago.
Can you edit the contract to remove the part thats not needed for Hawaii and switch out CA.

A: I cannot write a finished draft of a contract for you. I can only provide examples. All you have to do is change the name of the state -- one word.

Also is it a good idea to put something saying that any legal action needs to be done here in hawaii? is that beneficial? If so can you include something like that?

A: Just add a sentence to the last paragraph that states something like: "The parties agree that jurisdiction and venue for resolution of any/all disputes under this contract shall be located the state of [state]."

Hope this helps.
Customer: replied 1 year ago.

As stated below, its not necessary to have this in a contract for hawaii because its part of the law, if thats the case, can you resend a sample contract that has this removed. This will not be used and I understand it is only an example.


(though Hawaii law provides for automatic prevailing party attorney's fees, without a contractual clause expressly stating so)


Last, what the statement about juristicion, does that mean that any court cases would need to be here so if they sue us etc. they have to come here?

Expert:  socrateaser replied 1 year ago.
No reason to change the contract, just because Hawaii law doesn't necessarily need the attorney's fees clause. Just leave it in. Couldn't hurt.

Re jurisdiction, yes, the sentence requires that the parties resolve their disputes in the state that you name at the end of the sentence.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34372
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

I would like to have as little wording as nessasary and like to remove the statement if its not needed. I just don't know how to remove it and still have everything else sound okay. Can you give me an example that has this statement removed and again this is just an example that is not and will not be used. Thanks :)

Expert:  socrateaser replied 1 year ago.

If you don't want the sentence, then just remove it. The contract will read fine. However, if it were me, I would leave the sentence intact, because it's just standard language, and it may help clarify the parties' intent in the event of a dispute.

Hope this helps.

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34372
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

what exactly is the purpose of this contract? I was hoping to have a contract that will make the secondary driver on my rental car responsible for any costs if there is damage or an accident, it will go on my insurance as the primary renter and I want the secondary driver to be responsible to reimburse all costs I incure. Can you help?

Expert:  socrateaser replied 1 year ago.
Hello again,

The short contract terms and conditions that I previously provided accomplish exactly what you requested -- if the goal is to have an agreement under which you can hold your friend liable for any damages, independent of the rental company contract. However, no contract can force the rental company to accept your friend as primarily liable, unless that contract is signed by a representative of the rental company.

As long as you are satisfied that you will have to pursue your friend separately from your obligations to the rental company, in the event that someone is injured or the vehicle is damaged by your friend's use -- then any contract that contains the general conditions described in my example will work.

But, if you want your friend to be placed in 1st position with regard to the rental company, that cannot happen, regardless of any contract, without the rental company's express consent.

Note: There are an unlimited number of ways to write a contract. Ultimately, you will have to decide what contract form to choose. I see that you have asked the same question to another contributor here. He/she has provided a number of links to different contract forms. I have not reviewed any of them, so I have no opinion as to which one, if any, is to be preferred.

If you have concerns about the various choices that the other contributor provided, you will have to discuss those concerns with that contributor.

What I see in the fact that you have returned here to discuss the issue again with me and the other contributor, is that you are worried about the deal with your friend and protecting yourself. In cases like this, where I am worried about the reliability of an associate, I solve the problem very quickly and simply: I don't deal! Period, end of story.

My mental health is worth more than any deal, so if you are worrying about this rental transaction, then maybe you should rethink whether or not do help your friend rent a car. Because if you do, and things go wrong, I can promise you that it will not be easy to recover compensation from your friend -- no matter what sort of contract you try to impose on your friend!

As the old saying goes, "Business and friendship don't mix." Things almost always end badly, and end the friendship.

Hope this helps. Happy Holidays.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34372
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you

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