How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 26996
Experience:  12+ yrs. of legal experience.
11181181
Type Your Business Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I rented a car from a major company at a local office (non-airport).

Resolved Question:

I rented a car from a major company at a local office (non-airport). The day after we returned the rental car, the office called to say that there was a big scratch on the lower left rear that had been attempted to be covered by white-out (it is a white car) and that the scratch was not noted on our contract when we picked up the car. The car was rented out immediately after we turned it in yet the rental car company did not notify us until the day after we turned in the car. However, they said that the scratch was noted on the new renters contract. I personally hand washed the car before turning it in and did not note any scratches; I did not use any white-out. We did not purchase auto insurance from the rental car company since our auto insurance covers rental cars. I do not want to turn in a claim to my auto insurance company. What can I do to resolve this without paying for damage, without turning it in to my auto insurance company?
Submitted: 2 years ago.
Category: Business Law
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Good question.

If you can resolve this with the car rental company, then you can avoid notifying your insurance. It may be if you offer to "settle" this matter, that you can pay a fee and escape any liability. You will want to ensure you get a waiver from them in writing, that the money you pay settles the claim in full and that they (the rental company) is not allowed to pursue any further money from you.

Otherwise, the car rental company can sue you. ANd if they do, you will have the choice to submit this to your insurer or to defend the claim on your own.

Frankly, you would be better off to submit to your insurer, since if they sue you, they can seek their lawyers fees as well if they win (if you look at the contract you have with the rental company, I bet it allows this).

But I would sure try and settle this...offer them a few hundred dollars to settle this. That protects your insurance and settles the matter completely.
Customer: replied 2 years ago.
Thank you! That's the not the answer I was looking for, but you're probably right. I will pursue a settlement option. However, I believe the rental car company committed fraud by entering the damage on the subsequent renter's contract after the fact. The fact remains that someone (not me) deliberatley tried to cover the scratch. Would this fact have a bearing on the case?
Expert:  P. Simmons replied 2 years ago.
It will

I would use that as leverage.

At the end of the day, if they want to sue you to make you pay, they have to prove you did it.

If they can not, they can not make you pay

That is why I bet they are willing to settle this with you..hopefully for a reasonable fee.
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 26996
Experience: 12+ yrs. of legal experience.
P. Simmons and other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
P. Simmons
P. Simmons
Business Lawyer
26996 Satisfied Customers
12+ yrs. of legal experience.