What to do if I rear-ended another car in a slow bumper-to-bumper traffic?

There were no injuries, only light damage on both cars. My credit card covered the rental car’s damage I used. The other driver is requesting the difference of the money for his mechanic’s bill who fixed his car that the rental doesn’t want to pay. Now he threatens to take a legal action against both the rental and me. What are my rights and can he take a legal action against me? The rental instructed me to not communicate with him right from the beginning and I followed the instruction.

Asked on November 20, 2013 under Accident Law, New York


Celeste Tesoriero / The Tesoriero Law Firm

Answered 7 years ago | Contributor

In order to give you an answer we need to know what insurance you got from the rental, how much damage he's claiming to have, did it go through his insurance, and what if any did the rental give him.  Without that, there's just no telling.  But generally speaking, gun to my head give you advice on what you told me, I'd say don't talk to the guy.  Re-post with the specifics.

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Assuming that you purchased the rental insurance offered by the rental car company, you should let the rental car company and their attorneys handle the matter.  They will provide you with a defense should you be sued.  This is why people purchase this additional insurance.  If the other driver does not like the settlement offer, he may sue you personally (not the rental car company).  You should send the suit to them.  They will defend it and pay any settlement or award.

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