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

Asked over 1 year ago - 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. Jason D. Holbrook

    Contributor Level 12

    7

    Lawyers agree

    1

    Answered . 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... more
  2. Chris Matthew Limberopoulos

    Contributor Level 16

    7

    Lawyers agree

    1

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

  3. Clifford M. Miller

    Pro

    Contributor Level 18

    6

    Lawyers agree

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    Answered . 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... more
  4. Michael T Gibson

    Pro

    Contributor Level 8

    6

    Lawyers agree

    Answered . 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.

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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    Best Answer
    chosen by asker

    Answered . 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.

    This ans. does not create an attorney/client relationship.
  6. Michael Shemtoub

    Contributor Level 17

    3

    Lawyers agree

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    Answered . 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

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    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more

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