Foreign national working in USA; crashed rental car...

[shyam2012la]

Hi,
This is going to be kind of a complicated and long question.
I am an Indian National working in California with a H1B visa. I arrived in the US on the 21st May and hired a rental car, using my Indian license and also paid for insurance. On the 22nd, thanks to my ignorance of American traffic junction rules, I was involved in a crash that according to the car rental company was my fault (and I believe they are right; it has to do with "right of way" when taking a left turn at the junction). As soon as the crash happened I had called the rental company and asked them what I should do. They instructed me to exchange information with the other driver involved in the crash and get the car to them, which is exactly what I did (it had to be towed; was pretty bad actually). The executive then went on to explain to me that the police will make a determination as to whose fault the crash is and then we will proceed accordingly. I hadn't filed a police report, because I didn't know I was supposed to since it was a rental car and all and I hadn't been involved in a crash before and hence was unaware of the protocol and had assumed from the said discussion that the company will deal with the police. Three days later, the same guy calls me up and asks me why I didn't do it (because your effing company never asked me to) and also informs me that not doing it invalidates my insurance - so I am gonna have to pay for the damages to the car, in whole...
Today I received a voice message from the other driver's insurance company that I just checked, asking me to call back. I donot know whether he filed a police report himself.
I do intend to continue to work in the US for atleast a couple of years.
My questions: What are my options to avoid burning a huge hole in my pocket (and my pocket is non existent at the moment since I just moved in and didn't bring much in)? Will I have to pay for the other guys car too (in the case he did / did not file a report on the same day)? What if I fail to pay the rental car company for the damages - what are the possible consequences?
I am in a situation where I have to weigh my options carefully, before acting in anyway. Any help would be appreciated..
Thanks.

[AFFA]

I wish to inform you that your insurance agreement will govern your situation. In this regard as the accident had occurred and there was a insurance policy was in enforce at that time therefore insurance company will be liable to make good the loss. If in the insurance agreement no where mention that you have to inform police then there being no obligation you cannot be held liable. As the car belonged to car rental company so you have performed your work when you had informed car rental agreement and took action as directed to you on phone.

AFF

[Friend In Court]

When driving in any state or jurisdiction, its laws apply, regardless of where you got your driver's license.

California law requires that accidents be reported, first to the police and then the DMV.
Here is the information directly from the DMV's web site:



"Involved In A Collision?

If you are involved in a vehicle collision—STOP. If you don’t stop, you may be convicted of a “hit and run” and could be severely punished. Someone could be injured and need help. Call 9-1-1 immediately to report the collision to the police or CHP. You must show your driver license, vehicle registration card, evidence of financial responsibility, and current address to the other driver or persons involved, or to any peace officer. Evidence of financial responsibility is usually an insurance company name and a policy number. If you do not have it, you will receive a citation and a $250 fine.

Reporting A Collision to DMV


When you have a collision, report it to the DMV using the SR 1 form. You or your insurance agent, broker, or legal representative must complete the SR 1 report and send it to the DMV within 10 days if someone is injured (no matter how minor the injury) or killed or property damage is over $750. The SR 1 report is required in addition to any other report made to the police, CHP, or your insurance company.
The SR 1 form is available at DMV field offices, at CHP offices, or online at www.dmv.ca.gov. The SR 1 form is required whether you caused the collision or not, and even if the collision occurred on private property.
Your driving privilege will be suspended if you do not complete a SR 1 form or if you did not have the proper insurance coverage at the time of the vehicle collision."




Every vehicle collision reported to the DMV by law enforcement will show on your driving record unless the reporting officer says another person was at fault. Unless there is a corresponding law enforcement report on file that indicates another person was at fault, every vehicle collision reported by you or another party in the collision will also show on your driver record if:

• Any vehicle or property involved has over $750 in damage, or
• Anyone is injured or dies. [emphasis added]

It does not matter who caused the vehicle collision. The law says DMV must keep this record."

Of course, not having a California license, the DMV cannot suspend. But for not complying with the law, the rental company may be able to hold you for the damages is their insurance company refuses to pay for your failure to file a timely report.