Legal Question in Credit and Debt Law in California
I just received a summon stating that I am being sued by an Insurance company for a Car Rental Company. When I had the vehicle, there wasn't any damages. I called the Rental Car Company, asked the representative if I was unable to return the vehicle, yet provided the precise address (located in the same city as the rental car company's office in San Francisco, California) where the vehicle was parked, would the rental car company be able to send someone to pick up the vehicle immediately....the representative assured me that it was acceptable and that they would send someone to the location to retrieve the vehicle. 1 month later, I received mail, stating that the rental car company did not send someone to retrieve the vehicle as promised, and also that the vehicle had been towed, with apparent damages to the vehicle. I know that I should not be held liable for this, considering I was assured that the rental car company would retrieve the vehicle, yet as a result of them failing to do so...this was the result. What can I do to prove my case, considering I didn't expect any of this to occur, and I assumed trust in the confirmation from the representative, regarding them sending someone immediately to retrieve the vehicle...therefore I did not record the phone conversation, nor do I remember the representative's name that I spoke with at that time, considering this conversation occurred last year.
1 Answer from Attorneys
You have virtually no chance of proving your case if you don't have any admissible evidence other than your obviously self-interested word that they agreed to pick up the car. Trouble with the law is it's not what's true that matters, it's what can be PROVED to be true. What can be proved is you did not return the car as agreed. It was towed and damaged as a result of your failure to return the car as agreed. If you have your own auto insurance, you should immediately tender the case to them for a coverage determination. If you used a major credit card to rent the car, you may also have coverage through the card company, because they often offer automatic damage insurance on rentals if you use their card. Can't hurt to ask. Lastly, since your liability to some extent stems not from operating the vehicle but rather neglecting to return it, there is a SLIGHT chance that you have coverage under a homeowners' or renters' insurance policy. That you might have insurance coverage is really the best you can hope for in the situation you describe.
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