Do I sue Hertz?

[Noah930]

2 months ago, I was involved in a car accident in my daily driver. I made a left turn onto a freeway onramp, and an oncoming car made a right turn onto the same onramp. I had a green arrow, but the oncoming car had a red light. The woman stopped, and then turned into the side of my car. My car is drivable, but financially totaled (cost to repair > cost of car).

But she is from out-of-state and was driving a Hertz rental car. Her regular car insurance says they're not liable, because she was driving a rental car. At the scene of the accident, she admitted that she didn't purchase the Hertz insurance.

I didn't have collision on this old car, so while my insurance company agrees that the car is a total loss, they're not financially liable.

Technically, Hertz should be responsible. But their insurance company, ESIS, still hasn't assigned an adjuster to this claim. Heck, I called ESIS today, and the call center woman (Brianna) who answered the phone technically clicked on the call, but then set down the phone and proceeded to chat with her husband (must be woking from home) over breakfast for the next 15 minutes before actually coming on line. Still no adjuster assigned--2 months out. No supervisor I can contact to escalate.

Because Hertz is self-insured through ESIS, the state insurance commissioner can't get involved. They actually suggested seeking legal recourse. Do I really go through the hassle of suing Hertz (or ESIS) for $2800?

I am about to move and was originally planning on donating this car to a charity anyway. Now the car isn't worth anything, so if a charity sells the car, the tax deduction will be negligible. If I just give the car away to a private party (there are takers!), am I able to deduct the loss on federal taxes (like theft or loss of property value)?

[faverymi]

Would small court claims be faster and less of a hassle?

It's only 2800... But it is 2800.

[Alan A]

go through your insurance. let them sue her insurance.
it costs your deductible and [if] they find her at fault you get that back.
they have lawyers on retainer. let them use them.

edit - wait - you don't have coverage. nm - it looks like it's small claims court.

[id10t]

If I was going to sue over it, then I think the actual driver of the car would be the right person to sue, not the company that rented her the car.

[fastfredracing]

Wait,,, how is it possible for someone to opearte a vehicle on a highway without the minumum required liability coverage ? Answer.. Its not . I don't know the answer, but either hers, or Hertz's i'sinsurance is responsible .
This is the bare minumu to operate a vehicle on public roadways .
Lawyers, aggressive cops and insurance companies...., the absolute worst

[herr_oberst]

Originally Posted by fastfredracing

Wait,,, how is it possible for someone to opearte a vehicle on a highway without the minumum required liability coverage ? Answer.. Its not

Absolutely right. How is it that this woman is going to wreck your stuff and not be held responsible? I think Hertz should be just as interested in going after her as you are.

What a world we live in.

[Dixie]

Think like a lawyer, sue everybody.

Your challenge is you're not injured, so lawyers aren't going to line up to take your case. That said, I suspect paying a lawyer to advise you, and having them fire off letters of intent to sue, would be a good start.

(I'm not an attorney so my advice is worth exactly what you paid me.)

[brp914]

You don't have uninsured coverage?

Having been thru Small Claims Court before, it is a waste of time. IIRC, you have to sue in the perps locale out in BFE. Even if not, she's not coming back here over $2800. In any event, getting the judgement is easy but collecting is impossible. The law coddles scofflaws. By the time you pay the Process Servers, get a separate hearing to get a list of her assets, get the sheriff involved, investigators, etc...it's not worth it. Maybe try to hit her up for a few hundred bucks in lieu of small claims. But if she knows the truth about small claims, she's gone.

[greglepore]

Va and New Hampshire don't have mandatory insurance, fwiw.

You sue the other driver in small claims. That'll get everyone's attention. Or submit to your own insurance and eat the deductible and let them subrogate.
Yes, you can donate the car and take a deduction. If you were exceedingly anal you'd only deduct the wrecked value, but no one is going to chase you down if you deduct 2800...

[juanbenae]

Originally Posted by brp914

You don't have uninsured coverage?.

This is what I was thinking. Thing is the ambiguity of her insurance v. hertz may be the fly in the ointment. Meaning your company may consider the vehicle was in fact insured but the other companies want to make it more trouble than it's worth for you to pursue so they are bluffing you on it not being covered. CA law as noted above requires insurance to operate a vehicle, don't remember if you are required to have Uninsured Motorist or is an option for one's coverage.

Comes down to what is your time and tolerance for aggravation worth.

[brp914]

Was there a police report? Do you have witnesses? Her story could miraculously metamorphize.

[pmax]

[Steve Carlton]

I find it hard to believe her insurance isn't liable because she was in a rental car. I think if Hertz rented a car to her, they would have vetted her insurance. If not, they should be liable. I don't know if uninsured motorist covers damage to your car if you don't have collision coverage. Good luck. At least it's not big bucks involved here.

[KFC911]

Yer gonna "eat" that much loss if an insured driver hits your mom's Lexus or Highlander and they are totaled. Twice now... within two years. Insurance sux ...

I'd donate the car and move ... on.

My time and patience cost more

Best of luck tho'!

[Tobra]

Hertz owns the car. They are responsible for being certain the car is operated legally. Not legal to run bare pickle. The "insurance" you get through them could not be optional if that means there is no liability coverage on the car. Hertz covers liability, you pay extra if you want coverage for damage to rental

This is almost certainly on Hertz

[fastfredracing]

I would have thought the same as you Tobra, but AI, says it falls on the renter . As usual, Coroporate America finds a way to fleece us all the while absolving themselves from any real liabilty on themselves .
Her insurance has to cover it . This will probably be a small pain in the arse, but get on em, push them, call , email, text, threaten legal action , read the rental policies from Hertz,and her compaines , copy pertinent parts of the policy coverge etc.. Dont let them walk,
3k buys a decent sized box of 930 Parts
Its no wonder people are stressed out all the time

[KFC911]

Originally Posted by fastfredracing

I would have thought the same as you Tobra, but AI, says it falls on the renter . As usual, Coroporate America finds a way to fleece us all the while absolving themselves from any real liabilty on themselves .
Her insurance has to cover it . This will probably be a small pain in the arse, but get on em, push them, call , email, text, threaten legal action , read the rental policies from Hertz,and her compaines , copy pertinent parts of the policy coverge etc.. Dont let them walk,
3k buys a decent sized box of 930 Parts
Its no wonder people are stressed out all the time

I just got a check for my mom's "totaled" Highlander, and just like the check for the "totaled" older, minty Lexus it replaced just a couple of years prior... screwed outta 2-3K on each one . It sux, but it is so...

Fortunately, no one was killed (me) and the $ don't matter.

Next time I'm callin' Jackie Chiles

[Steve Carlton]

Will your insurance pursue her insurance for you?

[KFC911]

Originally Posted by Steve Carlton

Will your insurance pursue her insurance for you?

If you don't have collision .... nope. Not here in NC ... not with State Farm.

I thought they did that decades ago... but now it's you against "them".

SF (other driver) underpaid her first total loss, Geico this time around.

They all suck

[Tobra]

It is not the problem of his insurance.

It will vary by state, but rental company cannot let you operate their vehicle without minimum mandated coverage.