Legal Question in Personal Injury in New Mexico
I had an minor auto accident in New Mexico with a scrape to the side of the car. My primary insurance and American Express paid for the damages but Hertz wants administrative fees and a loss of use fee. American Express states that it will pay them but only with a fleet utilization log.
What is the law in New Mexico re: loss of use fees with respect to auto rental companys?
1 Answer from Attorneys
The contract you signed with the rental company controls the legal relationship between you. If loss of use is a provision of that contract, then you owe it. If it is not, then it is up to the rental company to prove loss of use, which is why American Express is requiring evidence that they lost money for the inability to rent the car. If they cannot prove that, then they cannot get any money in NM, unless their contract provides that they can.
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