Summary
The rental car company can file a lawsuit in Florida and seek to enforce the judgment in Canada. Consult a lawyer familiar with both U.S. And Canadian law, review your insurance coverage, and negotiate with the rental companys lawyers. If sued, respond promptly to avoid default judgment. A judgment may require you to pay damages, and non-compliance could lead to wage garnishment or a negative impact on your credit score. The negotiation amount depends on various factors, so seek legal advice. Consider hiring a lawyer in the USA, especially in Florida, who can collaborate with a Canadian lawyer.Full Conversation
A person who lives in Ontario, Canada and was in a car accident in a rental car in Florida, USA. The person was at fault and they didn't have additional rental car insurance. Now the rental car company has hired lawyers to recover the costs from the accident. What recourse does the rental car company lawyers from USA have for a person in Canada?
The rental car company can:
- File a lawsuit in Florida, where the accident occurred.
- Seek to enforce the judgement in Canada, depending on the legal agreements between the two countries.
Please consult with a legal expert for a detailed understanding.
What is the best way to go about this matter?
The best way to handle this would be:
- Consult with a lawyer familiar with both U.S. and Canadian law.
- Understand the rental car agreement's terms and conditions.
- Check if your personal car insurance or credit card coverage might cover the accident.
- Negotiate with the rental company's lawyers.
- If sued, respond promptly to avoid default judgement.
What happens when sued?
When you're sued:
- You'll receive a formal notice, usually a 'Summons' and 'Complaint'.
- You have a specific time frame to respond, usually *-30 days.
- If you don't respond, the court could rule in favor of the other party (default judgment).
- It's advisable to seek legal counsel.
What can be the result of judgement generally?
A judgement generally results in one of the following:
- You may be required to pay damages to the other party.
- If you do not comply, your wages or property may be garnished.
- Your credit score may be impacted negatively.
- In some cases, you may be able to appeal the decision.
If the amount being claimed by rental car company is $30k, how much lower can this be negotiated to?
The negotiation amount depends on multiple factors such as the damage caused, your ability to pay, and the rental company's willingness to negotiate. It's advisable to consult with a legal professional to guide you through this process.
Can you recommend lawyers that have experience dealing with Canada & USA laws?
I'm sorry, but as a chatbot, I'm not able to provide personal recommendations for specific lawyers. However, you can look for attorneys who specialize in international law or cross-border disputes. The American Bar Association or the Canadian Bar Association might be able to help you find such lawyers. Always ensure to check their credentials and reviews.
For this case, should the lawyer be in USA where the accident occurred or in Canada when the person resides?
The lawyer should ideally be familiar with both U.S. and Canadian law. You can hire a lawyer in the USA, especially in Florida, where the accident occurred, and they can work in collaboration with a Canadian lawyer if necessary. This ensures that both jurisdictions are adequately covered.
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