A parked hire car damaged by an unknown driver, with no insurance in place

Q: Is the person who hired a car responsible for damage caused by someone else?

Responsibility to a hire company arises from the hire agreement rather than from fault. Whether a damage waiver was purchased is usually what determines the amount, which is why the agreement is the document to read.

Q: Does agreeing to a payment plan require admitting fault?

No. Paying or agreeing terms is separate from stating that one was at fault. An admission is a statement others can rely on later, and it is not a precondition for settling an amount.

Q: What should someone ask for before agreeing to pay a damage claim?

The amount claimed and the contractual basis for it, both in writing. That allows the figure to be checked against the agreement rather than accepted on assertion.

Question

My hire car was parked when someone hit it, and I do not know who. The damage is considerable and I have discovered I have no insurance. I did not file a report because I had an unpaid traffic ticket at the time. I am fifty-five and disabled, and my income is eight hundred dollars a month. Should I admit liability and agree to a payment plan?

A. Jason Velez · Accepted Answer

Before agreeing to anything, be clear about what you would be agreeing to — because admitting liability and being asked to pay are not the same thing. Two different questions are tangled together here, and separating them is the whole of the answer. The first is who damaged the car. Somebody struck a parked vehicle. That person, not you, caused the damage. A hire company will look to the person who hired the vehicle because that is who it has a contract with — but a contractual obligation to the hire company is a different thing from having been at fault, and you should not describe yourself as at fault for something you did not do. The second is what the hire agreement says. The agreement, and whether any damage waiver was taken, is what decides what you owe. That is a document to read rather than a question to answer from memory. On admitting liability: an admission is a statement that can be relied on later, and it is not necessary in order to agree a payment plan. You can discuss paying without characterising yourself as at fault. If you want to resolve it affordably, ask for the amount and the basis for it in writing first. A payment plan you cannot sustain on a fixed income creates a second problem on top of the first. Any figure should be one you can actually meet. ## What you can do 1. Ask the hire company in writing for the amount claimed and the clause of the agreement it relies on. 2. Find your hire agreement and check whether a damage waiver or excess reduction was purchased. 3. Report the damage to the police now if you have not — it is a hit on a parked vehicle by an unknown driver. 4. Do not sign anything describing you as at fault for a collision you were not present for. 5. Ask a Georgia attorney or a legal aid service to look at the agreement before you agree a figure. ⏱ Time limits apply. O.C.G.A. § 9-3-31 gives four years for damage to personal property, including a vehicle, while an injury claim under § 9-3-33 gets only two. Where both are in play the shorter one governs the part that matters most. A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.

A parked hire car damaged by an unknown driver, with no insurance in place

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