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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
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Experience:  consumer protection, fraud - 13+ years of experience
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I was in a car accident with a Enterprise rental vehicle.

Resolved Question:

I was in a car accident with a Enterprise rental vehicle. When approaching a stop sign, I slipped on black ice and slid into the bumper of a pick up truck in front of me. I had insurance coverage for the rental car only and no insurance to cover the pick up truck I slid into.   The 3rd party company representing Enterprise (ELCO) communicated with me for the first time approx 1 year after the accident to tell me they "settled on my behalf" for both the physical damage as well as bodily injury costs. They are asking me to pay them close to $8000 ($400 of which is physical damage). I have talked to a lawyer already and he feels the amount of physical damage does not seem to add up to the amount of bodily injury costs they are asking for. I have paid the physical damage costs but feel very uneasy about the bodily injury costs and feel like I am being taken advantage of? What are my options? What is the statute of limitations on this case? Accident occurred Feb 2006.
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  Maverick replied 5 years ago.

The PA statue of limitations for personal injury is 2 yrs and for contracts is generally 4yrs. So if ELCO communicated with you in Feb of 2007 saying that they had settled, and their right to obtain money from you is based on a contract then the statute probably does not expire until after Feb 2011.

 

However, a better question is how did they settle on your behalf without informing you first of the settlement terms? What is ELCO? Did you not have independent liability insurance of your own for your own vehicles? That insurance company should have been notified so they could step in a provide a defense for you.

 

Also, if the majority of the medical bills are chiropractic bills, they probably have a week case as they should not have agreed to such a large PI settlement based on the property damage of $800.00

 

 

 

Customer: replied 5 years ago.

ELCO Administrative Services Wayne NJ is the office that handles liability claims for Enterprise. I do not understand how they settled on my behalf without first informing me of the terms. I have reviewed the fine print of the enterprise contract and its so vauge that perhaps the language within allows for this - - - I am not sure. At the time of the accident I did not have personal car insurance as I live in the city and do not own my own car anymore. I typically purchase liability insurance from enterprise each time I rent but unfortunately on the day of the accident I did not realize that I had not checked off this box on the contract. I am a super frequent renter too and usually do get this coverage but it was an oversight on that day. My credit card that I used to rent the card has coverage for any damage to the rental car that I incurred but it did not cover the other persons car.

 

 

The majority of the medical bills are a combination of diagnostic tests plus physical therapy expenses. I found it strange that ELCO initially informed me that I owed then $4200 for property and bodily injury (driver) and then in later communications told me I owed close to $8000 with no explanation as to why the amount jumped up. After questioning them I learned that they had also now settled on bodily injuries for the passenger as well. When I review the medical records that they did finally share I also see that both the driver and passenger have a sketchy background - - - both in their 30's, alcohol and drug abuse -- unemployed- - -- - - etc. It just feels like I am being taking advangtage of and I am not sure what I should do next.

Expert:  Maverick replied 5 years ago.

There are a couple of things you should look into. First, see if it legal for a car rental company to rent a car to you in your state without first showing proof of liability coverage or purchasing liability coverage.

 

Second, contact ELCO in writing and have them show you the written clause that gives them authority to settle a case on your behalf without your consent.

 

Third, ask them to show your the written clause that says that that they have a right to recover the amount they paid in settlement from you.

 

If they will not point these clauses out to you atleast get the copies of the documents that contain them so you can read them yourself.

 

Once you get more info, you will have a better idea of how to proceed. I would approach it in a manner that conveys the message that implies that you will pay if it can be verified that you have a legal obligation to pay the claims in the amounts asserted.

 

I hope this helps.

With kind regards,

Marc Amin

 

Maverick, Lawyer
Satisfied Customers: 3431
Experience: consumer protection, fraud - 13+ years of experience
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