How do I stop the fraudulent harassment from an rental car company trying to pend damages to me from one of their customers.
1 attorney answer
This is not fraud in any way. Enterprise's insurance carrier has a right to go after you, up to and including filing a lawsuit against you, if it has investigated the accident and believes you were at fault. Just because neither of you was cited for the accident does not mean that someone was not at fault. The police do not determine liability for any civil lawsuits, so if this case ever goes to court, neither the police report nor the police officer's testimony would be allowed, as it is considered inadmissible hearsay. The plaintiff in any civil lawsuit must prove both liability and damages with some sort of persuasive evidence.
You are required in Florida to have property damage liability coverage, so simply turn this issue over to your auto insurance carrier. Send your adjuster whatever you have received from Enterprise's insurance carrier and let your adjuster handle this. That is the very reason you have been paying auto insurance premiums. Let your auto insurance carrier earn its keep.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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