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?

Asked about 1 year ago - 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?

Additional information

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)

  1. George Costas Andriotis

    Contributor Level 20

    8

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

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  2. Andrew Daniel Myers

    Contributor Level 20

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    Answered . 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.... more
  3. Jeffrey Robert Davis

    Contributor Level 14

    4

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    Answered . 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.

  4. Keith Patrick Ligori

    Contributor Level 11

    3

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    Answered . 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... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Have a local lawyer negotiate the amount down.

  6. Clifford M. Miller

    Pro

    Contributor Level 18

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    Lawyer agrees

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    Answered . 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... more

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