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Liability for the Other Driver's Car Rental Costs After Causing an Accident

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  • 03-17-2015, 01:11 AM
    rjmamz
    Liability for the Other Driver's Car Rental Costs After Causing an Accident
    My question involves an injury that occurred in the state of: california

    Basically i was involved in an accident without insurance and a suspended license due to unpaid speeding tickets. i am paying for the full amount of damages. however, the other party will need a rental and the dealership will offer them a courtesy vehicle while their car is being repaired. my question is, if the other party decides they do not want any of the free courtesy vehicles the dealership provides, am i responsible for paying for her car rental from an outside source? (i.e. enterprise or hertz)

    also, what are the penalties for getting into an accident while driving with a suspended license due to unpaid speeding tickets?
  • 03-17-2015, 01:48 AM
    flyingron
    Re: Accident Without Insurance and Suspended License
    Were you cited for the suspended license? Don't think operating without a license has any differentiation for accidents.

    Your BIGGER issue is being in an accident without INSURANCE. You can expect not only to be fined for that, but you will have an extended period of additional license suspension AND you'll need to provide SR-22 proof before reinstatement.
  • 03-17-2015, 03:13 AM
    rjmamz
    Re: Accident Without Insurance and Suspended License
    Police were not called and the other party did not file a claim with their insurance company so long as I pay for damage, which I am going to do. They have not notified the dmv of the accident either. We have agreed that I will pay for repairs made to the vehicle. Am I also responsible for provide the money for a rental car?
  • 03-17-2015, 04:38 AM
    flyingron
    Re: Accident Without Insurance and Suspended License
    Normally you wouldn't be responsible for a rental car regardless of the availability of the loaner, however we can't give you any LEGAL basis since both parties are flying above the law by breaking several CRIMINAL statutes.
  • 03-17-2015, 08:03 AM
    rjmamz
    Re: Accident Without Insurance and Suspended License
    Makes sense. Thank you for the information.
  • 03-17-2015, 09:40 AM
    adjusterjack
    Re: Liability for the Other Driver's Car Rental Costs After Causing an Accident
    Quote:

    Quoting rjmamz
    View Post
    My question involves an injury that occurred in the state of: california

    Basically i was involved in an accident without insurance and a suspended license due to unpaid speeding tickets. i am paying for the full amount of damages. however, the other party will need a rental and the dealership will offer them a courtesy vehicle while their car is being repaired. my question is, if the other party decides they do not want any of the free courtesy vehicles the dealership provides, am i responsible for paying for her car rental from an outside source? (i.e. enterprise or hertz)

    You are responsible for the cost of a temporary substitute vehicle comparable to his vehicle during the time that he cannot use his due to your negligence.

    Ordinarily if he were offered a free vehicle from the dealer and he declined, he would be waiving his right to money from you.

    However, if he wants to rent a Cadillac for $100 a day and you balk, he can report the accident to the police and jam you up but good. That'll cost you a ton more than renting a Cadillac for a while.

    I don't think you have any leverage here.
  • 03-17-2015, 10:08 AM
    rjmamz
    Re: Liability for the Other Driver's Car Rental Costs After Causing an Accident
    This was my original train of thought. Thank you for the information.
  • 03-18-2015, 12:22 AM
    Disagreeable
    Re: Liability for the Other Driver's Car Rental Costs After Causing an Accident
    Regardless of insurance involvement, you need to file an SR1.
    http://www.dmv.ca.gov/portal/dmv/detail/forms/sr/sr1
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