Legal Question in Insurance Law in California

no reimbursement for car rental

While waiting for a red light to change , I was involved in an automobile accident. The at fault driver's insurance co. called me and offered to pay for a car rental while my car was being repaired.The car rental co. picked me up in a car that was more expensive than the insurance co was willing to pay for.I was not aware of this at the time I was picked up. I did not ask for this specific model or any other specific model. I was asked for a credit card for identification purposes by the car rental co.. I gave him my bank check card. without my permission they deducted 250.00 for a deposit fee. I returned the rental and they refuse to give me back my deposit.They are keeping it to pay for the difference between the actual charges and what the at fault driver's insurance co. agreed to pay for.My insurance co. won't help me at all.I feel defrauded by the car rental agency.The at fault driver's insurance co. refuses to pay the difference. Can I take anyone to small claims court to get back my $250.00 dollars?


Asked on 6/05/03, 6:18 pm

1 Answer from Attorneys
John Ferry Law Offices of John C. Ferry

Re: no reimbursement for car rental

You can certainly go to Small Claims Court and file for relief. The clerks are usually very helpful with filling out the appropriate forms.

An alternative, which might prove more beneficial, is to consider a class action. If they did it to you, they might have done it to others in the past -- and the future as well.

From your zip code it appears that you are in Southern California. My offices are in the San Francisco Bay Area -- but please feel free to email or phone me if you wish to discuss this further.

Chris Ferry

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Answered on 6/07/03, 12:05 pm


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