I was driving a rental car in Phoenix and saw a flash of light from a white van. At this time 3 other cars were passing me and I assume it was the other cars. I received a notice in the mail from Hertz renter car that I need to pay a fee to waive their responsibility on a citation. I have not seen or been issued a citation. When I called Hertz they said they do not have that information available. My questions are what should I do? If I do not pay Hertz what are the ramifications? Will the state eventually go after me? Will this affect my driving record? How do I prove that the cars next to me were in fact the ones speeding and I was simply driving the speed limit?
Criminal Defense Attorney
Tell Hertz that you don't give them permission to reveal your name to the court or anyone else for that matter absent a proper subpoena by the court. I would call Hertz and find out why they think they would be financially responsible; they're not. No law requires a company or anyone else to disclose the identity of a driver. Moreover, the fact that you might have rented the car, and thus been on the agreement, does not mean you were the driver; do not admit to Hertz or anyone that you were the driver. Hertz likely received a mailed notice which is not a proper form of service. They, like you, should ignore the mailed notice unless they are properly served, like anyone else. If you end up in some way having to go to court, which you shouldn't unless you're legally and properly served, then you can worry about legal and factual defenses. Feel free to call. Good luck.
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