Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I rented a car from Hertz on 4/28/2013. On 4?29/2013 the car was totaled in a accident. I had rented the car for one month and only had it for one day. After the accident on 4/29 I never continuted with the rental because I was incarcerated due to criminal charges at the accident. I was in jail for 10 days and was unable to contact Hertz. After my release from jail I never got another car from Hertz and didn't get a refund for the month of car rental I paid for. Hertz billed my bank account ( overdrafted ) a month and a half later for $2,600 for 51 days of car rental on a car I didn't have. I was never refunded for the overcharge and they are also trying to sue me for over $12,000 for the totaled car. When I was over charged for the car rental, ( on a car I didn't have ) it sent me into a financial distress, ( overdrafted my account ) wich I have not been able to recover from, ( as of yet ). Is this rental overcharge to my account irreversable due to the auto accident? Hertz has really screwed me. Who or what type of attorney should I seek for help with this matter? Please help. Response: Unfortunately, Hertz did not do anything illegal here. Because you did not contact Hertz after the accident EVEN IF YOU WERE NOT ABLE TO, Hertz had no way of knowing what happened. As far as Hertz is concerned you were and are still in legal possession of the vehicle and so you are liable for the rental. You are also liable for the damages to the rental car. You need to review the rental agreement that you signed to confirm the information that I have provided you here. Your rights, responsibilities and liabilities are clearly stated in the documents you signed at the time you rented the car. Regrettably, you do not have legal recourse against Hertz.