Legal Question in Consumer Law in California

Rental Car Stolen

My husband rented a veh back on 2/28/08, when we went to get in the veh the morning of 2/29/08 the veh was gone ''stolen''. We didn't purchase the ins. It probably wouldn't have mattered anyway because they are claiming he didn't exercise ''due diligence'' and citing a civil code. He drop the veh out of his pocket on the way into our building. So here is the problem. We filed a police report, they did not. They called my on 4/1/08 and told me they declared veh a total because it was stolen and how would we be paying for it. We went and got a copy of the police report and to our surprise the veh was recovered 2 weeks after it was stolen. So I confronted them and was told it was wrecked and totaled. When I advised that I never got to see the veh or damage and they didn't advise us of recovery Supervisor hung up on me. 6/4/08 we recv demand for payment. They auctioned veh 2 days after I called and wanted to see veh. The veh in the pictures is not the veh we rented. FRAUD. What can we do. We have the proof.


Asked on 9/16/08, 10:42 am

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: Rental Car Stolen

Because you are facing a significant claim and they have already showed their propensity for less than full cooperation, I suggest you retain an attorney to handle the matter. If you have proof that the car auctioned was not the car you rented, this obviously provides a significant mitigation. Of course you may have other avenues for indemnification, i.e., was the car rented on a credit card that provides coverage?

If you would like to discuss further, please do not hesitate to contact me. Our practice represents clients on a fixed fee basis.

Warmly,

Bryan

877.201.8728

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Answered on 9/16/08, 11:22 am


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