Automotive Insurance Tort

[djohnson137]

Two years ago (1999), I rented a car from a local car rental company. When I rented the car I purchase from the rental company a collision damage waiver, and personal accident insurance. I did not have insurance coverage for my own personal vehicle at the time. I was involved in an accident while I had the car rented. I reported this to the rental company. It was at this time that, I was informed by the attendant that the insurance waiver covers only the first $1000.00, and that I am liable for all remaining damages.

I recently recieved a warrant to appear in court in Fairfax, VA to answer a lawsuit against me for $7,952.10.

I attended court today (10/22/02). Trial date is set for 1/22/03.

I asked for a Bill of Particulars, and a copy of the Insurance Coverage I purchased from the Car Rental Company from the Plaintiff. The presiding Judge instructed the attorney to provide the documents to me.

I have to file an Answer and Grounds of Defense by 12/23/02.

What facts and evidence do I need to provide in my Answer and Grounds for Defense statement?

 

[Michael Wechsler]

What did you think that the insurance you purchased was supposed to cover? Were you adequately informed by the company that rented you the car that it only covered $1,000 in damages? Did they represent to you that it covered more? What did you sign and what did you think you were signing? Why?

You may want to "implead" the rental company and the insurance company into the case if you were mislead. Impleader is the action of joining other parties into a case as parties of the case (plaintiff sues you and you implead the rental company and insurance company since you are suing them for wrongfully leaving you in this position of liability.)

I'm not sure what youre defense is to provide you with some adequate comment other than the above.