Help disabled veteran with release of court judgment over rental car.

[paulloras]

I am a 'federal fiduciary' for our daughter who is a disabled veteran. She was sued by a rental car company for replacement cost of the vehicle which was totaled while being driven by someone else. She told a guy that she was trying to break away from and showed up at her house intoxicated; to go SLEEP in the car because she was not letting him in the house. He took the car and drove it, wrecking it. He was found in the driver's seat with no one else in the car. She was sued and at the time was not on 'talking terms' with us; thus we were not informed in order to help her until after the fact. Her disability contributes to her inability to make good judgment calls and to understand most paperwork issues. She had communicated with the company and explained in detail what happened along with presenting the police report which confirmed her position that she was not in the vehicle. Her understanding was that she did not need to do anything else; another example of her incapacity to have good judgment with such decisions. Thus she did not show up in court to state her case and the court ordered her to pay for the vehicle and they took away her driver's license until it is paid. Later we contacted the rental car company about covering the car and they said it was too late?? Is there a way to rectify this mess so that she can have her driver's license back and have no responsibility to pay for this vehicle? Can they 'legally' sue her since she is a disabled veteran and receives 100% disability pay from the Veteran's Administration?

 

[army judge]

I am a 'federal fiduciary' for our daughter who is a disabled veteran. She was sued by a rental car company for replacement cost of the vehicle which was totaled while being driven by someone else. She told a guy that she was trying to break away from and showed up at her house intoxicated; to go SLEEP in the car because she was not letting him in the house. He took the car and drove it, wrecking it. He was found in the driver's seat with no one else in the car. She was sued and at the time was not on 'talking terms' with us; thus we were not informed in order to help her until after the fact. Her disability contributes to her inability to make good judgment calls and to understand most paperwork issues. She had communicated with the company and explained in detail what happened along with presenting the police report which confirmed her position that she was not in the vehicle. Her understanding was that she did not need to do anything else; another example of her incapacity to have good judgment with such decisions. Thus she did not show up in court to state her case and the court ordered her to pay for the vehicle and they took away her driver's license until it is paid. Later we contacted the rental car company about covering the car and they said it was too late?? Is there a way to rectify this mess so that she can have her driver's license back and have no responsibility to pay for this vehicle? Can they 'legally' sue her since she is a disabled veteran and receives 100% disability pay from the Veteran's Administration?

Yes, they can sue her.
You can sue anyone you want in this country, anyone except legal incompetents.
She may be disabled, but she isn't insane or legally incompetent.
That's the bad news.

What's the good news?
Well, the received their judgment.
Yet, it is nearly useless.
Federal pensions (social security, disability, SSI, etc...) are untouchable.
They can't even levy against her bank account, because it is made up of her disability payments.

That is only a partial victory, because she'll have to fight your DMV, DOT, or whatever state agency issues licenses in your state.

I suggest you contact a lawyer, any nearby lawyer, and discuss what it would cost for her to get a "limited use", "restricted use" type of license to attend her medical appointments, get medicine, get groceries, address her basic needs.

Such a license is possible, and won't be all that expensive, considering what NOT having one must cost.

One more good bit of news, she can sue the drunken bum who is alleged to have stolen and wrecked her rental car.

I'm surprised why she hasn't pursued this angle previously.

Other than a criminal charge (which won't help her), she can sue the drunken bum for what this has cost her.

Unless, (as is often the case)) she's not telling you the WHOLE story!!!!

 

[paulloras]

Thank you Army Judge for replying to our concern. According to the police and court reports I feel we have a 'fairly accurate account' of the ordeal. The county attorney I believe filed a criminal case against the person responsible for the wrecked vehicle. This however did not help our daughter's case against the rental car company. She did try to obtain a 'limited' license on her own without success. We will retain a lawyer to help her achieve this important step. Thank you much for your guidance in this matter.