Legal Question in Health Care Law in Florida
Credit card co.won't pay car rental co.$7,000 for car accident.
05/07/00 Girlfriend rents car using credit card that carries with it car rental insurance.
Rental co. issues temporary driving permits for cardholder and myself.
Rental co. fails to enter me as additional diver on the original rental agreement.
05/09/00 I get into a head-on collision in rental vehicle-fill out police reports etc.
Car rental guy says, ''not a problem, you used your XXXcharge card you're covered.''
02/10/01 Credit card co. ''claims team'' denies our claim based on the sole fact that the rental clerk failed to enter my name on the contract as an additional driver. We told them that the car rental co. issued temporary driving permits for the both of us but that didn't matter.
02/27/01 Rental co. realizing their error, produced a revised rental agreement which lists me as an additional driver. And we send it to credit card co.
03/20/01 Girlfriend receives letter from credit card co. stating that they have reviewed the amended contract and that the original contract, which she signed, had no additional drivers. And that they were reversing the credit issued for damages done to the rental vehicle and re-billing her card for $7,590.91.
What do we do?
1 Answer from Attorneys
Re: Credit card co.won't pay car rental co.$7,000 for car accident.
Do you still have the temporary driving permit? That, in of itself, would establish that the rental co knew that you were an additional driver. The permit, coupled with the amended agreement, would help establish that you were an authorized driver regardless of the original contract.
Do you also have the credit card agreement? If not, then you should request a copy. The request should be in writing. Make a copy of the letter.
You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association, or your local county bar association.� They probably have a web site and
charge a nominal fee for the referral.� Most attorneys either provide a free
initial consultation, or charge a nominal fee. I would be happy to meet with you.
Good Luck.-Elliot Goldstein 727/804-3609 (I also have an office in Tampa)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this
information. Seek a formal consultation with an attorney.
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