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Do i have legal ground to defend against a debt collector claiming I owe money for an accident I was involved in?

Kissimmee, FL |

The accident in question took place while I was working within the scope of my employment (a valet driver). I dinged a car on a short pole when I was pulling out of a restaurant for a customer. The company I worked for had insurance and said everything would go through them. I'm now am getting collection calls saying the company is not answering any calls or mail sent to the Valet company by the collector and that I am now responsible for the cost of repairs. They also said my license would be suspended if I do not pay in full within 10 days. Can i be held responsible? I was working within my job responsibilities when the accident occurred. The person who the car belonged to at the time was from out of state and stated that the car was a rental from enterprise. Any advice would be great.

Attorney Answers 6


  1. Best answer

    Why don't you contact your employer at the time and make sure that their insurance company responds to this claim. As an employee, you are covered under the employer's policy.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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  2. Yes. What they are doing is either illegal or very close to illegal. Talk to a consumer protection attorney.
    Visit my website at the link below for more information.

    Until you retain this firm and we have an attorney client relationship, nothing stated above should ever be construed as legal advice on which you may rely in your actions. If you would like to discuss further, please contact me. Jason Holbrook, Esq. Holbrook Law www.holbrooklawpa.com Sarasota Office 1990 Main Street Suite 750 Sarasota, FL 34236 (888) 908-7824 toll free (941) 538-7878 phone (941) 538-7879 fax


  3. Yes, you do. This is a very common abuse. Hold your ground and retain good counsel.


  4. Generally you are responsible for your own negligence even when you are working for somebody else. So you probably have some liability for the property damage did while you are driving the car.

    However, the debt collector seems to have violated the law in the way it has attempted to collect this money from you. So, I suggest you contact a lawyer for response. The lawyer could also pursue the insurance company that should be covering the claim.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.


  5. The facts you relay above should provide a basis that your employer's liability insurance and/or possibly Enterprise's liability insurance should cover the demands made against you. You have a right, under both federal and Florida unfair debt collection laws, to demand written proof of the debt demand against you. You should do the same. Then prepare a letter to both your employer, your employer's liability insurer, and Enterprise and their liability insurer enclosing the demand and demanding they resolve the same. If they fail to do so, you should consider filing what is known as a Civil Remedy Notice of Insurer violation, which can be filed online with the Florida Department of Financial Services.


  6. Attorney Holdbrook is correct. This sounds as if they employeer is not being honest and taking responsiblity for this happening while you were at work. This is very illegal. You do need talk to an attorney.
    Good Luck

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

    www. KingofPersonalInjuryLaw.com

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference