Legal Question in Business Law in California

Does the Truck Rental Company Have to Prove Their Costs to Repair Their Truck Th

Hi,

I crashed a truck that I rented, having declined the insurance they offer. They billed me an excessive amount (I believe) for their truck to be repaired, plus other costs such as administrative fees and ''diminution of value'' (which wasn't even mentioned in the rental contract I signed). I asked them repeatedly for evidence of these expenses (a detailed bill from the repair garage, a list of admistrative activities that were billed, etc). Repeatedly, they replied that they don't need to prove anything to me, and I must pay what they billed me, without evidence of those costs.

The bill has already gone to a collections agency, since I

refused to pay it without evidence. Do I have a case against them in small claims court? Is there some other legal avenue I should take?

Thanks for your valuable time, it means alot to me,


Asked on 4/10/04, 12:53 am

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Does the Truck Rental Company Have to Prove Their Costs to Repair Their Truc

We will need to review your documenation as well as any collection letters you have received. We can help you with negotiation or litigation. They may have violated the fair debt collection act both Federal and California. Please contact our office if you need assistance. 714 363 0220.

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Answered on 4/11/04, 2:47 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Does the Truck Rental Company Have to Prove Their Costs to Repair Their Truc

You might wish to talk to your own insurance agent since you might be covered if the truck was rented for personal (as opposed to business) purposes.

You have no grounds to sue the rental company, unless the truck was defective. You have a right to mount a defense and have an expert review the repair estimates and photographs (or appraise the truck before its repair). Good luck!

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Answered on 4/10/04, 3:08 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Does the Truck Rental Company Have to Prove Their Costs to Repair Their Truc

Well it's NOT the case that you're obligated to pay whatever they bill you. They're not god, they're just some jerks that are trying to pinch you for every penny. You owe them what you owe them and that's determined by law, not by what they say. If they want to sue you, they'll be entitled to (generally speaking) whatever damages you caused them. They could get the cost to repair the vehicle for sure. They could probably also recover for the loss of use of the vehicle for the time it was being repaired. The administrative costs might be considered too remote, which would take you off the hook for those costs.

Switching gears . . . having a collection company try to collect might be a pain, but it's not necessarily on your credit yet. It may not appear on your credit report as (1) the debt they allege you owe was not incurred via a credit transaction and (2) they do not have a judgment against you, yet.

The best advice for you is probably to offer a fair amount to settle the dispute and then set up some payment plan and stick to it.

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Answered on 4/10/04, 4:22 am


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