Legal Question in Civil Litigation in California
Rental car accident
After a collision my daughter had in our vehicle, she rented a car. An 18 year-old man staying at her house with a group of friends decided to take the rental car out to get something to eat without her permission. He proceeded to wreck the car (totaled it), abandon it, and take a cab to his home. CHP who took our account gave us the option of having the young man arrested ''and put in prison for 3 years'' or just make a damage report and have the young man come in to make his report. Now no one can find CHP's damage report, or statement that this young man supposedly went in to CHP office to file. Now rental company is sending us a bill for total value of rental car.
Should we pursue criminal charges? Complicating matters is that this young man is a native of England playing soccer at community college in Sacramento, but has a California driver's license and is supposedly covered under his uncle's insurance. We do not have his insurance information.
4 Answers from Attorneys
Re: Rental car accident
It is not often that I give this advice here. As a matter of fact, I may never have given it here: you need an attorney. This is a complicated fact pattern that involves your insurance, the driver's insurance (if he has any), questions of permissive use and liability to the rental car company. You should talk to an attorney in your area and seek legal help.
Re: Rental car accident
An SR-1 should have been filed after the accident. You should find out from the rental company if one was filed. If not, one should be filed, and you should have a copy of it. An SR-19 can then be filed, and you can obtain a statement of whether or not that the person had insurance on the day of the accident.
Those forms are filed with the DMV, which keeps track of whether or not a person is insured.
I agree with the other posts, and recommend that you speak to an experienced lawyer, and take your relevant documents with you: including the lease agreement with the rental company, any police reports, and your insurance policies, in addition to any insurance purchased for the rental car.
Good luck,
Re: Rental car accident
You could bring suit (perhaps in small claims court -- up to $7,500) against the young man for the costs that you are being required to pay by the rental car company. Then he would tender the suit to his insurance company to defend.
Re: Rental car accident
You have yourself a problem. Turn it over to your insurance company and cooperate with them. If they tell you to file suit, do so. You're going to need some luck. If he doesn't really have auto insurance, he'll probably disappear again, just like before, he's a flake. Even if you get a judgment, what do you expect to collect it from?
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