Legal Question in Civil Litigation in California

Falsely charged with damaging rental car

We reserved a minivan from Dollar Rental online. At the time of pick up, the rental agent gave us an upgrade. No walk through was conducted or a form provided to note damages on the minivan. We had observed a tiny chip on the windshield. Upon returning the vehicle, the agent accused us of having caused the chip. We insisted that it was already there and were asked to fill out a form stating the same. About a month later, we received a phone call and a letter stating that we were responsible for the chip on the windshield and have to pay $200/-. The letter included a diagram of a car with location of the chip, a photocopy of the license plate and the receipt for $76/- paid for renting the minivan.

Please advise on how to handle this.

Thanks.


Asked on 11/27/06, 12:56 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Falsely charged with damaging rental car

I really hate to say this, but... (drum roll) chips happen. Chips are part of "normal wear and tear" to rental cars. Civil Code Section 1936 limits the kinds of claims rental car companies can bring against renters, and windshield chips are not among them, you are not liable. Maybe you could present this claim to your auto insurance carrier or credit card company if your credit card is the kind that provides auto coverage. Possibly this would even be the basis for a lawsuit by you against them for violation of the law.

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Answered on 11/28/06, 11:30 pm


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