Legal Question in Consumer Law in Arizona

Car rental - loss of use

I rented a car in Arizona and opted to use my own insurance coverage. The care was stolen. My insurance paid the full value of the automobile, put they are charging me loss of use even though they spoke to my agency and they assured them that full payment was going to be received. They are calculated their loss as beginning from the theft until they actually received the check from my insurance company.


Asked on 8/30/06, 12:48 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Car rental - loss of use

You asked about a car rental company that is charging you for loss of use after their car was stolen.

Car rental companies are often charged with abusive practices. This is one of them. You must either pass this matter along to your insurer with the written agreement that they will handle it or hire an attorney to handle the matter.

They will claim loss of use for the maximum potential value during the period. Even though the loss may have had no effect on their business. If they want to prove loss of use then they would need to establish that they had turned away customers because that particular vehicle was not available. this would include proving that their entire inventory was leased out, that they had further inquiries for each of the respective days and that they had no means to mitigate damages, such as by shifting vehicles from another outlet.

DO NOT PAY THEM.

Handle everything in writing and get a lawyer.

Regards,

Roger Traversa

email: [email protected]

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Answered on 8/30/06, 1:26 pm


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