Expert: Richard Hixenbaugh - 3/16/2009

Question
My daughter(25) rented a car in Florida and friend (24) drive it. They got hit and it was damaged badly. Avis made a deal for them to pay $5000.00 up front or 8300. over time. They paid the $5000. A year later collection agencies sent a bill. for 3000. then months later a different one for 8500. Now a summons for 15,000. We had responded to all of the previous requests for payment with the release from Avis. Now the collection agency representing Avis says it had to pay for the ladys car who hit my daughter. They also claim that my daughters friend was not an authorized driver and therefore  my daughter is liable for all these charges.  Neither my daughter or her friends insurance companies (in NY and MA ) claim to liable.

Is this crazy?

Answer
Hi Chris,

When you rent a car, only the authorized drivers whos names apear on the rental contract can drive the car. If someone else drives the car and has a collision, the person who rented the car is personally responsible for all damages.

In this case it sounds like the accident was determined to be your daughters friends fault which makes your daughter liable for the other parties damages. Ypur daughter may be able to negotiate a settlement for less than the total. However before reaching any settlement, she should obtain a copy of the police report to see who was determined to be at fault and if any citations were issued. She should also request copies of all of the vehicle repair bills to verify the cost of the repairs and if their are any differences, she should request an itemized list of everything they are demanding payment for. Also if the collision was her friends fault, she should ask the friend to pony up at least some if not all of the money.

She may also want to consult with an attorney.

I hope this helps
Richard Hixenbaugh