What are my legal obligations

allazay22 · Apr 14, 2005

I have some legal issues that I would hope that this forum will be able to assist me on.
On December of last year,I rented a car from a local taxi driver to avoid the hassle of contracts and what nots with the rental car agencies.Before renting this car I made sure that the driver was fully insured. when he informed me that he was a taxi driver and of course he was covered I went through with the rental.

While driving from La Romana heading toward San Pedro de Macoris, this 1991 toyota corollo stearing weel lost total control when I went to over turn a car that was ahead of me causing me to swearve off the road and flip about three time and causing the car to be totally damaged.

After getting out of the Hospital with no major damages I went a head to contact the taxi driver to tell him the bad news and to also get on him for renting me a defected car.

Like the states I figured that the driver would just have to contact his insurance company,pay a deductable and have his car fully repaired.But when I spoke to the owner he explain to me that due to the year of his car and the fact that no other car was envoled,the insurance company would not cover the damages.

Now since i felt that I was cheated in renting a car with a problems,and that I was not told about before and not having any legal contract or anything like that, I don't feel that I'm liable to pay for his car like he suggest. He nows sent me papers for me to appear in court.

Now since I'm an american and a student from Altos de Chavon he thinks that I'm rich,and is demanding that I pay 200,000 pesos.

I would like any help on my rights on these issues considering there's no legal contract.

Malibook · Apr 14, 2005

Glad to hear you are okay.

Unless you can have the car inspected to possibly detect a malfunction that existed before the crash, I would think you will be found to be fully at-fault.
Consider how much this would cost you just to attempt and how unlikely it is to be successful.

If he did not have collision coverage on the car, the insurance will not cover it.
Even if he did have collision, such a claim would likely drastically affect his rates and screw him bigtime.

I would think he can easily get a judgment, especially if you don't show up, but how would he be able to collect?

It will cost him time and money to get the judgment but much more so to try and collect it from you in the US.
He should be willing to settle for much less.

If you can't easily and inexpensively establish proof of some pre-crash defect, I would offer to settle for a couple of thousand dollars or so.

Chances are that you could just ignore him and nothing would happen unless you go back there again.

Good luck.

Chris · Apr 14, 2005

I'd like to hear a legal opinion on this. But till then, if it was me, I'll plead total innocence. How many times has this beeen said on this forum "Rent from a reputable rental agent.. check out insurance totally."

Pib · Apr 15, 2005

Malibook said:
It will cost him time and money to get the judgment but much more so to try and collect it from you in the US.

He says he's a student in Altos de Chav?n, that means he lives in La Romana.

I am also interested to hear an opinion on this, but it doesn't sound too good for the OP. Glad he/she's OK though.

Ricardo900 · Apr 15, 2005

Don't forget the "Book-Value" of that 1991 Toyota and the legal cost of hiring a lawyer. Good-Luck

Malibook · Apr 15, 2005

Pib said:
He says he's a student in Altos de Chav?n, that means he lives in La Romana.

Oh, that's not good.

I would just tell the guy that I don't have that kind of cash and there are no wages to be garnished or assets to be seized.

Both parties should be willing to settle for some reasonable amount.

Timex · Apr 15, 2005

No Responsibility

You?re not in Kansas anymore. :tired:

Options.

1, Do you like playing house???
Because if you go to jail, you need to decide, do you wanna be the husband or the wife!

2, Go to court, with an attorney, and come up with an agreement, that you can live by.

3, Jump on a plane, and go home!

I am not offering you legal advice, I am glade to hear, you survived without any permanent injuries. What I am asking is, why as a visiting foreigner, are you doing such things.

You rent a 1991, Toyota, from a guy who makes a living, driving it as a Taxi.

Wait a minute, I?m wiping up the coffee, that came out of my nose, as I re-read that!!!!

Car probably has 2 to 3 HUNDRED THOUSAND MILES, on it, and this guy probably drives it like a Jeeves in his Bently, he knows not to push it, and also knows that the roads, moto-conchos, people, trucks, cars, boats, planes, horses, pigs, cows, and yes even UFO?s, are out to get you, when you attempt to drive the roads here.

So you take this vehicle, and you flip it 3-times, while trying to over-take another vehicle, and the steering goes out.

Maybe you can get the corner gas station, to put the car on a lift, and check it out, oh yeah, you?re not in Kansas.

Maybe you can see if the car was properly inspected and ask for the Preventative Maintenance Records, to help you out of trouble, oh yeah, your not in Kansas.

Maybe you can just run to daddy and his insurance will take care of it, oh yeah, you?re not in Kansas.

I am being very sarcastic, more than I have ever been, but you got my blood going.

This Taxi Driver, with this car, puts food on the table, pays his bills, and because he was stupid enough to trust you with his car, for a few dollars, he just lost his means of making a living.

And you want to know if you have any responsibilities for your actions???

He is what you should really do.
1, Call your parents, explain to them what happened and what is going on.
2, Decide if your folks can send the cash, to make this go away, worst case 7-8k US $$.
3, Find a good attorney, and negotiate to replace the vehicle, and compensate his lost wages- maybe the 2-3k US$$ range.
4, If no compromise can be reached, go to court, with your attorny and be prepared to pay.
6, Read this twice Chico!!!! All discussions go through your attorny, and make sure, you do, your homework, and get a good one, not one that will have back here posting, about how you got cheated again!!!
5, Cut your losses, jump on a plane, and go home, before any of this goes down.

Glade your alright, but you have to understand who you are & more importantly, where you are!

Even if an Act of God gets you off, Scott-Free. You don?t want to have to keep looking over your shoulder, wondering if some extended family, is following you, waiting to show some Dominican Justice, Do You?

Tim H.

*****************************************************
I couldn?t resist?? I had to come back, and add to the post.......I took quotes from your post?out of context? and this is how I keep reading it?..

I rented a car from a local taxi driver to avoid the hassle of contracts and what nots with the rental car agencies.

This 1991 toyota corollo stearing weel lost total controlwhen I went to over turn a car that was ahead of me causing me to swearve off the road and flip about three time and causing the car to be totally damaged.

contact the taxi driver to tell him the bad news and to also get on him for renting me a defected car.

i felt that I was cheated in renting a car with a problems,
I don't feel that I'm liable to pay for his car like he suggest.

I would like any help on my rights

I am laughing so hard, tears are coming down my face!!!!!!!!!!!!!!

I really am amazed at the part where the, stearing weel lost total control, not you.

This is too much, I gotta go change my shorts!!!!

Tim H.

Thank God, you did not Hurt/ Kill / Mame, anybody else!
If you choose, none of the above, practice this for when the lights go out.
Oh Papi Chulo, mi amor, yiiiiiiiiiiiiiiiiiiiiiiiii!!!!!

Hillbilly · Apr 15, 2005

Tim, in my wildest dreams I could not

have put it any better.

I was wondering how someone so stupid could get into the Altos de Chavon School of Design. Or maybe he got a job there as a janitor??

My Lord!!

Hey kid: Do what Timex suggested!.....Anything he suggested is 125% better than what you are thinking.

HB..

And kid? This is 40+ years of DR experience speaking, okay?

Ricardo900 · Apr 15, 2005

Hey leave the Kid alone!

He made a big and costly mistake, "he's young", but he failed to mention the couple of presidentes he downed before he started to fly down the road and practice his "Drafting Techniques".

p.s. I doubt you can flip a car three times by only doing the speed limit.

Pib · Apr 15, 2005

Ouch Tim, that was harsh! I had exactly those same thoughts but decided not to put them in writing, I had already been nasty yesterday and you know we mods are only allowed to be nasty once a week.

"Lo barato sale caro" and other applicable pearls of wisdom.

Dominican Babe · Apr 15, 2005

I rented a car from a local taxi driver to avoid the hassle of contracts and what nots with the rental car agencies

I don't understand why you would need to avoid this "hassle" if you are legally entitled - and financially able - to hire and drive a car. I also can't understand why you would even consider hiring an old car from some guy, over renting a newer model from a legit source. Unless of course, you aren't supposed to be driving. Maybe you wanted to avoid the hassle of a contract because you don't have a licence, couldn't afford the rates, can't drive, or whatever. Also, just because the owner is fully insured, how does that make you automatically insured? This just doesn't make sense to me at all.

planner · Apr 15, 2005

When you do anything here it is buyer beware!!! You have to be stupid to believe what you are told: yes I am fully insured. It is a TAXI NOT A RENTAL CAR!!!! you are smart enough to know the difference. If you aren't you should not be out on the streets without your parents!

Listen to Timex, pay your way out of this and be glad you learned a lesson. Assuming of course that you will learn from this!

Malibook · Apr 17, 2005

Welcome to DR1 kid

Timex said:
You?re not in Kansas anymore. :tired:

Options.

1, Do you like playing house???
Because if you go to jail, you need to decide, do you wanna be the husband or the wife!

2, Go to court, with an attorney, and come up with an agreement, that you can live by.

3, Jump on a plane, and go home!

I am not offering you legal advice, I am glade to hear, you survived without any permanent injuries. What I am asking is, why as a visiting foreigner, are you doing such things.

You rent a 1991, Toyota, from a guy who makes a living, driving it as a Taxi.

Wait a minute, I?m wiping up the coffee, that came out of my nose, as I re-read that!!!!

Car probably has 2 to 3 HUNDRED THOUSAND MILES, on it, and this guy probably drives it like a Jeeves in his Bently, he knows not to push it, and also knows that the roads, moto-conchos, people, trucks, cars, boats, planes, horses, pigs, cows, and yes even UFO?s, are out to get you, when you attempt to drive the roads here.

So you take this vehicle, and you flip it 3-times, while trying to over-take another vehicle, and the steering goes out.

Maybe you can get the corner gas station, to put the car on a lift, and check it out, oh yeah, you?re not in Kansas.

Maybe you can see if the car was properly inspected and ask for the Preventative Maintenance Records, to help you out of trouble, oh yeah, your not in Kansas.

Maybe you can just run to daddy and his insurance will take care of it, oh yeah, you?re not in Kansas.

I am being very sarcastic, more than I have ever been, but you got my blood going.

This Taxi Driver, with this car, puts food on the table, pays his bills, and because he was stupid enough to trust you with his car, for a few dollars, he just lost his means of making a living.

And you want to know if you have any responsibilities for your actions???

He is what you should really do.
1, Call your parents, explain to them what happened and what is going on.
2, Decide if your folks can send the cash, to make this go away, worst case 7-8k US $$.
3, Find a good attorney, and negotiate to replace the vehicle, and compensate his lost wages- maybe the 2-3k US$$ range.
4, If no compromise can be reached, go to court, with your attorny and be prepared to pay.
6, Read this twice Chico!!!! All discussions go through your attorny, and make sure, you do, your homework, and get a good one, not one that will have back here posting, about how you got cheated again!!!
5, Cut your losses, jump on a plane, and go home, before any of this goes down.

Glade your alright, but you have to understand who you are & more importantly, where you are!

Even if an Act of God gets you off, Scott-Free. You don?t want to have to keep looking over your shoulder, wondering if some extended family, is following you, waiting to show some Dominican Justice, Do You?

Tim H.

*****************************************************
I couldn?t resist?? I had to come back, and add to the post.......I took quotes from your post?out of context? and this is how I keep reading it?..

I am laughing so hard, tears are coming down my face!!!!!!!!!!!!!!

I really am amazed at the part where the, stearing weel lost total control, not you.

This is too much, I gotta go change my shorts!!!!

Tim H.

Thank God, you did not Hurt/ Kill / Mame, anybody else!
If you choose, none of the above, practice this for when the lights go out.
Oh Papi Chulo, mi amor, yiiiiiiiiiiiiiiiiiiiiiiiii!!!!!

Now I see why you were voted to head the DR1 Welcome committee.

Timex · Apr 18, 2005

Hola Malibook!

Yep, I got right down to it, on this one!
But that a-side, I'm glad to see you agree, with the assessment and advice.

Thanks
Tim H.

rellosk · Apr 20, 2005

Dominican Babe said:
... Maybe you wanted to avoid the hassle of a contract because you don't have a licence, couldn't afford the rates, can't drive, or whatever...

Or maybe he/she was not old enough to rent a car. Most companies require the renter to be at least 21, some require the renter to be at least 25.

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