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Enterprise paid a $546.36 to claimaint's ins for a sudden stop r/e accident and are seeking reimbursement from me.

Tujunga, CA |

I purchased the min liabiliy ins & min personal accident insurance. The other car made an unlawful and unwarranted sudden stop and sustained no visible damage to their car. Enterprise states that they will seek for revocation of my driving privleges in California for this loss should I fail to pay, inter alia. I take exception to the causation, nature and extent of the claimed damages, gave a statement to that effect, all to no avail. I find their position objectionable and am primarily concerned as to what, if any Ca. Vehicle Code Section provides authority to have a drivers priveleges revoked for contesting an accident pay-out by his rental company when he lawfully purchased their min insurance.

Attorney Answers 8

  1. No vehicle code provision allows a private company to suspend your driving privileges that I am aware of. However, it may ultimately affect your credit adversely. You should consider contacting an attorney to assist you with defending this collection/subrogation attempt. Depending on the policy you may also have a bad faith claim. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  2. Have a local lawyer resolve this for you.

  3. Attorney Patrick is right. There is no statute covering a private company canceling your driver's license. However, there is a statute that if you do not have insurance of your own then the DMV may cancel your driver's license. If you have insurance of your own, have your insurance file this claim. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

  4. Given Enterprise's threat to seek revocation of your license, seek local counsel to advise you of your rights under local law. You do not want to ignore the threat, then find out there was a provision that allows Enterprise to do exactly what they are threatening.

    An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.

  5. You need to contact an attorney to discuss the options given to you by your insurance carrier with regard to your accident. I have personally dealt with other California claims such as yours and it is important for you to gather as much documentation as possible, including witness statements if any, which your insurance carrier should be able to provide to you. Having proper representation can protect your cause of action and your right to recovery. Best of luck to you.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at 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

  6. If you purchased insurance to drive this vehicle, I do not understand why anyone would be coming after you for a payment which was made to the other party. Are you sure you are not being charged for damage to the Enterprise vehicle, which normally would be covered under a collision type coverage, which perhaps you did not purchase? If you had your own automobile liability insurance on your private vehicle at the time of this incident, I would place them on notice of this claim and ask them to assist you .

    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.

  7. Enterprise has no authority to revoke licenses. It is a lie to induce your payment in my opinion. Report the adjuster to the Department of Insurance Fraud Division for the misrepresentation. In that same complaint include Enterprise's collection efforts. I have never heard of paying for insurance and having to also pay that same insurance company in the event of their payout. That is called: No insurance at all = Fraud that you should report in my opinion. Contact a lawyer in your home state immediately.

  8. If Enterprise made the threat about your license in writing, you have a case against them for a violation of state and federal debt collection laws. You may consider consulting with an attorney who specializes in this type of law.

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