You file a lawsuit against Enterprise as the owner of the vehicle, and the driver. If you have the name of the registered renter/driver, you name that person as well. If you not have their name, you sue them as a "Doe" Defendant (legal terminology). You should have the driver's address from the police report. You serve those you have addresses for, you perform discovery to learn addresses (and names) for those you need, and you work your way thorugh the legal system until you reach a settlement or the Judge decides the matter. If you have your own insurance coverage, you would do well to utilize that and then your company will go after everyone else (including to recoup your deductible).
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I agree with Ms. Whitbeck, that you can file a lawsuit. But, you may want to write the driver a letter advising that Enterprise denied the claim and that you are requesting that her insurance carrier contact you to resolve the issue.
The person herself is self-insured? That doesnt sound likely. Enterprise, I believe is self insured. Some big companies are also self-insured.You might want to consult an attorney on this one. His/her resources may be greater in finding the driver and making a claim against whatever self-insured entity she works for. Also, filing a lawsuit would not be frivolous here. Who knows the truth about Enterprise is saying. You were damaged by an Enterprise driver. Filing suit will help you to sort out liabiliyt. And, filing suit will give you the discovery power you may need to identify the driver. Good luck.
Unfortunately, you are going to have to file a suit.
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If your claim is only for property damage, you may consider contacting your own insurance company to get the repairs done (assuming you have comprehensive insurance). Your insurance company could then seek reimbursement from Enterprise or the at fault driver.
If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
SImply report it to your own insurance company, and they will seek reimbursement from them.
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Since Enterprise has denied the claim your only real option is to file suit. In Nevada, it is important to note that we have three courts, small claims, justice court and District Court in which you could file suit. The amount of damages you are claiming will determine the court in which the suit needs to be filed. The suit should be filed against Enterprise in their appropriate legal name and against the driver of the Enterprise car. If the driver was not the person that rented the car you may also be able to sue the renter, but whether you have a valid claim will be based upon whether the renter negligently permitted the driver to use the car. This is a difficult claim to prove and appears unlikely in this case as you did not indicate the driver was drunk, under age, etc.
After the lawsuit is filed it will have to be served on the defendants. I would suggest you hire a professional process serving company as they should be able to locate the driver and the renter with just their names.
Regarding your concern that the driver was not cited: In Nevada, there are very few circumstances when a driver will be issued a citation on private property. Even then, Nevada has extensive case law prohibiting the admission of a traffic citation in a civil trial (as do many other states). Accordingly, the fact that the other driver was not issued a citation is something that will most likely not be relevant.
If you were injured it is very important that you seek medical attention and follow all of the medical providers advice. Failure to follow the instructions of the medical provider(s) will likely harm your case.
Finally, I suggest personally see an attorney and discuss this matter in greater detail. It is well known that individuals attempting to represent themselves often fall prey to the many procedural requirements of a lawsuit. If the case is not dismissed the individual will often suffer with a verdict or settlement that is less than optimal.
See if your inssurance co will pay. if not get a lawyer. See links
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