Legal Question in Business Law in California

Rent-A-Car Liability / Disputed Damage

I rented a moving truck from a local vender. I indicated the exhisting damage on their inspection sheet and elected not to buy their insurance (I have my own). When I returned the vehicle, they inspected it,found no damage, and they then charged my debit card the agreed upon amount. I was then given my receipt and started to walk away when the employee noticed ''new damage'' on the vehicle. He then asked to see my receips which I turned over to him. He then pointed out that I had not indicated this ''new'' damage on the sheet and thus I was responsible for it. I told him he accepted delivery and received payment for the vehicle and that our business was concluded. Am I responsible for the damage? P.S. I didn't do it.


Asked on 5/02/04, 5:43 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rent-A-Car Liability / Disputed Damage

Your contract probably makes you liable for damage that occurred while you were in possession of the truck, i.e. while it was on rent to you, regardless of whether you caused the damage or not. Of course, if someone else caused the damage, you could counterclaim against that person for reimbursement of the damages you have to pay under the contract. You still are liable to the renter, however. Further, it makes no legal difference when the renter discovers the damage, so long as they can prove it happened while the truck was on rent to you. An initial inspection that didn't note the damage does not prevent a later inspection from identifying it -- the time delay could make proof of when the damage occurred harder, but a couple of minutes is not going to make a significant difference in what a judge or jury would say about causation and liability.

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Answered on 5/03/04, 6:12 pm


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