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The brakes locked on my rental car as I took the exit and crashed into a pole. I only have liability insurance What should I do?

Fort Lauderdale, FL |

I was in a rental car driving on the freeway in Florida, the road was wet frm rain and I took the exit, the brakes locked and the car crashed into a pole. I've consulted numerous auto body techs and one said to get a lawyer because I will have a huge bill on my hand. I only have liability insurance, and still have the car. It is drivable but has around 3500-4000 worth of damage. Ive read the disclaimer and it seems with all the administrative fees and using the car rentals auto body techs I will have a bill close to 10k as one auto body owner told me. What should I do?

The ABS break light and traction control light is on, had it checked but mechanic could not find anything wrong with the breaks... I have a print out with current date stating ABS and Traction lights are on but nothing wrong with the breaks. Will that do any good?

Attorney Answers 6

Posted

Explain that the brakes failed and hope for the best. Hopefully you'll carry insurance next time.

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Posted

Double check, triple check, the coverage with both your agent and the rental company. If you did not have collision coverage that would apply it seems counterintuitive that the rental company did not require you to pick up theirs. It may be worth it to have an attorney experienced in auto insurance to review and investigate. More on insurance: BLUE LINK BELOW

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

Have a local lawyer negotiate the amount down.

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It may be worth a hundred bucks to get a brake shop to inspect the car. If they find a provable failure ,you would be able to challenge the claim that will be made against you. Without proof of failure,you are going to get a judgement against you.

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Posted

Try looking at your personal insurance for collision coverage or see if you bought damage waiver or look at the credit card you used to rent the car. It may cover property damage to rental cars when you use your credit card.

Legal Disclaimer: To learn more about attorney Keith Ligori, please call our firm 888-254-7119 or visit our homepage at www.LigoriCappyLaw.com. Keith Ligori is licensed to practice law in the State and Federal Courts of Florida. 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. Often times the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Ligori strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. If you are interested with talking to Keith Ligori and asking him more detail questions about your crash or situation feel free to call him any time. We forward our office phones to Mr. Ligori's cell phone at nights and weekends so his clients or potential clients can contact him about your case. To learn more about Attorney Keith Ligori, please call our firm toll free at 888.254.7119 or visit www.keithligorilaw.com

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Posted

The rental contract is binding and you will have to pay for the damage. You might want to hire a lawyer to negotiate the amount. I suppose if you can prove a manufacturing defect you would then have a subrogated claim against the manufacturer of the vehicle.

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. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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