Legal Question in Consumer Law in New Jersey

Bad Auto Rental Deal.

In December I rented an SUV from an agency in Paramus NJ, for a trip to central Maine. I repeatedly stipulated that the vehicle must be 4WD and was assured each time that it was. Although my trip was to be 3-weeks I asked for a 15-day only rental contract and was told by the customer rep that I would get one. To be covered by credit card insurance a contract cannot be for longer than 15-days. A new contract must be signed after this time if the customer keeps the car. In Maine I needed to engage 4WD in my private driveway and found only a molded plastic dummy switch where the 4WD should have been. The vehicle had something called transaxle drive which is not as effective on snow and ice. My car slid to the side of the drive and there was damage to the front bumper and right quarter panel. The accident was within 15-days of contract signing but since it was actually an open ended contract the credit card company will not cover. The car rental agency is demanding payment for damages of around $2300. They have agreed to reduce the bill by $300, waiving service charges. My offer to them is a payment of 50% their offer, $1000 dollars. This has been rejected. I am not inclined to pay $2000. Do I have a leg to stand on? EFW


Asked on 3/12/09, 11:43 am

1 Answer from Attorneys
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Re: Bad Auto Rental Deal.

Have you inquired as to whether this is covered by your own auto insurance policy? If it is, the only issue is the deductible.

If it is not covered, you may want to negotiate more or seek more specific legal advice. If you do pay them any money, be sure to obtain a General Release or seek legal advice.

Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.

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Answered on 3/12/09, 12:27 pm


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