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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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We have rented car from enterprise , added second driver on

Customer Question

we have rented car from enterprise , added second driver on documents. declined enterprise insurance since it was rented using our company visa card that fully insures any rented cars.
the second authorized driver gave a car to someone who was not on rental agreement and that person totaled the car.
enterprise now wants to charge me ( the original renting person) all costs.
i dont think this is right in: i wasnt driving and i wasnt even in the state at the time of accident. Dont they have their own corporate insurance in case of uninsured driver crash?
who should be responsible ? the original renter ,the person who gave the car to uninsured person or enterprise
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
While the person who was driving the vehicle is ultimately responsible for the accident (they are responsible for their own negligence), as between you and the rental company, you are responsible for the loss.The rental company is not responsible for the fact that you allowed a non-authorized driver to use the vehicle, and you are responsible for the car while it is in your possession. (You can of course recover anything that you end up paying from the driver if you are able to locate them and sue them for the damage, but the rental company is entitled to pursue you for the loss directly).I am very sorry, and I wish I had a different answer for you on this one, but I want to provide you with a clear and concise statement of the law so that you can plan accordingly.
Customer: replied 1 year ago.
Will there must be a way for me to be free of responsibility , since enterprise also send the eatimate to the other driver that was actually driving the car on daily bases while I was on business trip in Florida . I only rented the car the second driver was added and she was using the car for 3 weeks.
In eyes of enterprise we are both equally responsible . I don't really want to sue her but I want to be clear from responsibility , what if she declines to pay. Will they go in to collection for 50% of the damage on her and rest on me? What would be good way to negotiate with them?
Thank you so much for follow up
Expert:  CalAttorney2 replied 1 year ago.
They are going to view you as "jointly liable" meaning you are each "jointly and severally" liable for 100% of the damage. What this means is that they can collect 100% from you, from her, or any combination thereof.What happens in practice is that (from the creditor's perspective), they will identify the most solvent debtor and pursue them for the debt in order to get them to pay, while leaving the two debtors to work out the payment between one another.I would recommend at least trying to open up some form of negotiation between the three parties here, you can consider trying to mediate the dispute (with a goal of getting a written settlement agreement as between the three of you), I will include some general tips on debt negotiation below that may be helpful here (your biggest bargaining chip in this may be an offer of "cash now" to the rental company).If you do want to mediate the dispute, contact your local bar association and ask for referrals to local mediators. Once you make contact with a mediator or two, they can initiate contact with the other parties to set up a mediation session (either in person or telephonically) to try to resolve the matter.When trying to settle a debt, creditors generally prefer lump sums over payment plans. They are often willing to accept an amount less than the full debt (the trade off is that they get a quick payment and don't have to worry about ongoing collection costs or administration). If you do not have the ability to offer a lump sum for something the creditor will accept (some will accept a small portion, while others want close to the full amount), you can try a payment plan, these are less satisfactory to the creditor (especially if they have a lien on your property already), but if you are willing to offer something with a reasonable chance to get the creditor a large amount of their debt back, you are likely to get them to accept it.Whenever working with a creditor, make sure that you keep your communications in writing (if you speak to someone by phone, promptly send a confirmation letter to summarize your conversation), as this will help to ensure that there is no confusion later on, and you will be able to enforce your settlement against any future collection efforts.