Expert: Anne - 8/27/2008

Question
i had rented out a car and yesterday i felt sick and i asked my friend to drop me and he dropped me out and on the some one hit him and cops didn't even get him a ticket since he didn't commit any fault. but he was not added as an additional driver and rental car people says that he is unauthorized. i had a loss damage waiver on my name for the car. rental car companies are asking me pay out of my pocket even i had loss damage waiver for that from enterprise only. i am in state of Texas and can you help me out how to deal with the situation??

Answer
Well,

It is very hard for me to give you a definite answer without looking at the agreement that you singed with Enterprise. However, in my experience dealing with this type of claim, the underlying contract that you signed will control. You signed a damaged waiver provision in the contract with enterprise. This means that the waived their right to make you responsible. You paid for this waiver, so now the want to not acknowledge the agreement.

You could have brake the contract if you were not authorized to allow other person to drive. But this is tricky. You took the vehicle with permission (the contract is evidence of that). Some states allow the driver to subsequently give permission for another person to drive. You friend did not steal the car. He was authorized to drive by you, and you were authorize to have this vehicle in your possession by the contract.

It is possible that Texas follows this reasoning. I do not know for sure.

It is very possible that you and your friend are not responsible for the damages because you paid for the waiver. You better talk to your attorney and insurance company on this. Enterprise will have to deal with them directly before going after you any more.

Good Luck
Anne
http://www.SpokaneLegalHelp.com