Legal Question in Consumer Law in California

We rented a lemon

My husband rented a car and after leaving the dealership noticed the oil light was on. He called the rental company and the girl that he had completed this rental transaction with told him that it was a known problem with this particular vehicle so we left it at that. A couple days later he noticed a knocking noise so he checked the oil, it was low, and put 2.5 quarts in. We then drove it about 1hour away from our home where we then had problems at each stop light and intersection. We contacted the company and they said try to get it back to them which was not possible. We left it for the company to pick up as it was no longer able to be driven. The manager said that he would refund our $ and get us a new rental the following day. The following day his tune changed and now they are saying that we lied about the light and we were negligent regarding this vehicle. The contract does have a statement pretty much stating that whatever happens to the car while in our pocession we are responsible for. Is there any legal way that we are not responsible? I can submit futher info if needed as we filed a complaint with BBB.


Asked on 5/24/06, 10:38 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: We rented a lemon

If you're talking about a couple of days, I would suggest that they're responsible. Implied in your agreement is that they rented you a car suited for the purpose of driving. Certainly, you shouldn't have had to change (or replace) the oil after a couple of days. And you did everything you could to rectify the situation. You should get your money back. In the meantime, write out a chronology of events, including dates and times and to whom you spoke. Keep all receipts for the oil and any other repairs you made.

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Answered on 5/25/06, 12:33 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: We rented a lemon

I don't get why people complain to the BBB, they have no power to do anything for you. You do not owe the rental company, if anything, they owe you. See Cal. Civil Code � 1936 (look up at www.leginfo.ca.gov) Take the b******* to small claims court.

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Answered on 5/25/06, 12:34 am


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