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 Marsha411JD Your Own Question
Marsha411JD
Marsha411JD, Attorney
Category: Business Law
Satisfied Customers: 19770
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
19127644
Type Your Business Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

If I rent a car and leave something in the car. The car then

Customer Question

If I rent a car and leave something in the car. The car then needs to be processed by the auto company prior to renting to another customer. Standard practice. They vacuum and do other cleaning as needed.
So, they would see what I left.
That being said, if I call them and they deny seeing the item and simply say it is their policy to NOT be responsible for items left in vehicles, can that "policy" limit or negate my ability to seek what I think would be a just remedy, getting them to replace the cost of my key and coding of the key.
To add insult to injury, the company charged me for insurance and I specifically told them I did not want insurance and never get insurance. The cost of the insurance was an additional $27 per day that they handily served me as I checked up, rushing to catch my plane, and told me the only way to get a credit was to spend time traveling over the the managers office to discuss the issue.
I had no time to do that, as I am sure is common, but on the tram back to the airport another passenger said they were also charged for insurance once without asking, and had to go to the managers office. My guess is the booking agent gets a higher commission for adding the insurance, as I did when I had a somewhat similar job out of college.
This rental car place was in Las Vegas so they may feel they operate on a different set of rules.
Submitted: 6 months ago.
Category: Business Law
Expert:  Marsha411JD replied 6 months ago.

Hello,

Thank you for the information. You have presented two completely separate issues. Can you tell me what action you want to take and what your goal is in each? Have you written a letter to Corporate Headquarters detailing your two concerns and asking them to resolve the issue in the way you requested?

Customer: replied 6 months ago.
That is what I should do I suppose
Expert:  Marsha411JD replied 6 months ago.

Thank you for your reply, although I don't see where you have answered the questions I posed to you. I will go ahead though and try to address the issues anyway without knowing exactly what the outcome is that you are seeking. I would recommend that your first step be to send a certified letter (with return receipt) to Corporate Headquarters. You might address it to the General Counsel and send a copy to customer service. Usually, if the legal department gets letters about the issues you raised, they will at least investigate the issue thoroughly while understanding the potential legal ramifications, whereas, customer service people don't have that perspective. Up to you though.

You will want to be as detailed as possible about how you know the key (if that was what was in the car) was there and not, for example, at your hotel or somewhere else, and then describe your experience with the Company trying to track it down and their response. Also, of course, say exactly what you want from them.

In terms of the insurance coverage, you can discuss that by, again, being specific about the facts and how you believe you were pressured or tricked into opting for it. This portion of your complaint is not as likely to get a positive result since they hear complaints about the insurance issue, which is admittedly confusing on a regular basis and which is, a big money maker for them. But you have the right to try to resolve it with them first. Tell them what you want from them and if they don't accommodate your request, then you can go to the next step.

With the insurance issue, you can file a complaint with the Nevada Consumer Protection division of the State and could, if that doesn't result in a refund, file suit in small claims court in Nevada. However, I am fairly sure their contract probably requires arbitration versus suit. In that case, you would have to demand arbitration with the Company.

As for your property that was left in the vehicle, if they don't resolve the issue as you request, you will have to file suit in small claims court for the value of the item (replacement costs.) It is important to keep in mind though that you will have to convince the court that it was in the car and not somewhere else. The court will make a decision based on testimony and any evidence that both parties present. You will have to file that suit in Nevada though.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above (let me know if you don't see it), I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 6 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 27th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Related Business Law Questions