Auto Insurance Claims: rented car, tow yard, car report

Question
My mother rented a car 6 months ago for me when my own car was under repair. At the time I had no credit card to rent the car on my own and was listed as the second driver on this rental for which we purchased insurance. The car was left near the airport with the keys hidden on the right wheel shock, to be  picked up  or turned in at that location. Unfortunately it was stolen a few hours later by someone who worked for me, who took the car without consent and was involved in a hit and run with minor damage. I tried to report the car stolen, after we discovered what had occured, only to be told by chp that the owner of the vehicle needed to make the report. I called Avis, filled out their paperwork, spoke to the officer who impounded the car, spoke to Avis about picking up the car (it took weeks for them to even call the tow yard, and I finally had to have the tow yard call them) and awaited some notification from the insurance co. to file a claim. I have been dealing with this for some time talking to various people within Avis, trying to help them help me...and in the end My mother is being sued for the entire amount of the vehicle,which has evidently already been sold. The Rental co. first advised me that the insurance would not cover me since the keys were not protected, however now they are claiming in addition that I never filed a stolen car report. I tried many times but was told I couldn't by the authorities.

Answer
Hi Paul,

This is a very frustrating situation, where nobody wants to put the whole picture together and solve the problem, but instead each entity works only its own little area. UGH!  The best way to defend this is to document what you have done and get it to the insurance company and to an attorney ASAP.

But first things first: make darn sure that the default time is not upon your mother in the court case.  If it is, have her write a simple letter to the judge stating your defense, just as you have done here, addressing each allegation of the Complaint, and mark or title the letter “ANSWER” and put on the clerk’s cause number, and then get it filed with the county clerk.  Forget about format; it does not have to be in any special pleading paper.  All you are doing is to protect your mother from a default judgment.  NO judge will ever give a default judgment to those claimants if the defendant has a written letter on file in the clerk’s office file.  If the default is some time off, you can do the following before filing your answer with the clerk.

Even though I have told you how to file an Answer, as for the rest of the case: Do NOT try to defend this on your own.  You and your mother MUST get to the insurance company DIRECTLY, not thru Avis.  Once you have that contact, make your demand for defense IN WRITING and use PROOF OF DELIVERY (“received” stamp or certified mail).  They must either defend the claim or, IN ACCORDANCE WITH A REQUEST IN YOUR LETTER, .they must explain IN WRITING why they are not defending the claim.

If they elect to deny defense of the claim, then you get that to your state insurance commissioner ASAP in the form of their complaint format.  Here is the link to find your state insurance commissioner http://www.settlementcentral.com/links.php

At the same time you are doing these things, click on the link above and find your state bar association.  Ascertain from them whether or not they have a lawyer referral service or whether that program is run at the county level.

The lawyer referral service is available for everyone, and the charges are something like $40 to $50 for one hour.  They will review your case and they will write a letter defending your mother (and you) and ensuring that no default judgment is taken against your mother.

It sounds like you both have a good defense AND the right to have the FULL BENEFIT of the insurance that was purchased.  I am not convinced at all that their defense has any sex appeal, and so I am ruling against them and I foresee a victory for the two of you.

OK, Paul, that about does it.  I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com