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My personal car hit by a Budget rental vehicle
Anonymous10 views12 answers
My wife was stopped at a red light, proceeded when it turned green, and was hit by two guys from Holland in a Budget rental Mustang because the driver didn't see their red light on the cross street. He admitted this on the Budget accident report.
Police indicated that there would be no official police report, citation, ticket, etc. as they were not there to witness; they only filled out an 'exchange of information' form and provided both parties with copies. The Budget Claims department 'claims' to have been trying to obtain a copy of the police report, otherwise they will not assume liability, despite their client admitting to fault on the form (we have pictures of the form). They keep telling us the burden of proof lies with us.
Not sure what to do at this point. Any advice?
This is not a criminal defense question; It is a "person injury" or an "insurance" related question.
If you want to increase your odds at getting a competent answer then you should repost this question and list either "person injury" or "insurance" and not "criminal defense" as a practice area.
I hope that I have been helpful in answering your question.
You may have to sue for damages in small claims court or get the attention of a civil lawyer to threaten to file a lawsuit. Just because it is on a report is not proof, those reports contain hearsay.
You will need live testimony from a witness or your wife who was the driver to testify that her light was red. Since the defendants are from Holland, they are unlikely to appear. Thus, you might be able to get a default and win your case against budget.
Get the advice of a civil lawyer. If she was injured, she has a very short window of time to visit a medical facility in order to preserve her personal injury claim.
Clifford M. MillerLitigation LawyerVero Beach, FLFL licensed ·
Make a claim through your own collision coverage, if you have any. Let you own carrier get repaid from the tourists' company and get your deductible back at the same time. Look for a copy of the Crash Report on Buycrash.com (linked below). If there is a report, buy it and you will have some rudimentary information to start your claim.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
This is a classic reason to hire a personal injury lawyer in your area. There are a multitude of landmines in such cases that risk management and insurance companies simply wait for you to stumble into so they can save money. Using "buzz words" like burden of proof is a typical means for them to gain fake credibility while causing you unnecessary confusion. Most experienced personal injury lawyers can be a great deal of assistance in controlling such nonsense.
Retain the services of a personal injury lawyer right away. It is a rear end collision, and the liability in this situation is usually a slam dunk. At least, the lawyer will be able to investigate if the driver of the budget vehicle elected to use their own insurance, or elected to use Budget's insurance. Without counsel, they will try to take advantage of you. Also, call your own insurance company as well. They also have an obligation to investigate the mattter.
Robert Vance GreenePersonal Injury LawyerCape Coral, FL ·
First of all, are you seeking only recovery for property damages, or was someone also injured in the accident ? If it's property only, the fastest way would be to have your own insurance company pay under your collision coverage. You will be subject to pay a deductible, probably $500, but your carrier will try to recoup that money for you. If someone was injured, you should check your policy to see if you have Uninsured Motorist Coverage. The Graves Act, passed by Congress, has greatly limited the liability of rental car companies when their vehicles are involved in accidents.
Based on your question, it appears as though you are only seeking compensation for the damage to your vehicle. If that is the case, the first thing you should do is contact your auto insurance carrier and have them pay to get your car fixed. In doing so, you will probably have to come out-of-pocket for your deductible. However, if you inform your insurance carrier that you were not at fault and provide them with the "exchange of information," they will attempt to recover (and subsequently refund) your deductible.
The next thing I would do is contact a Florida personal injury attorney. Even if you are not sure whether or not your wife was injured in the accident, there is still a good chance she may feel the physical effects sometime in the near future (this is actually quite common following a car accident).
If there was an injury then contact and speak to a personal injury attorney in your area as soon as possible. If there is no injury then notify your insurance company and file a claim under your collision coverage. You can use the search tool to assist you in your search for a PI attorney.
Both the driver and Budget have exposure to liability. If you wife was injured she should seek medical attention immediately and contact a personal injury attorney to pursue her claim against the negligent parties.
