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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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This is in the state of New York. I've rented a car from an

Customer Question

This is in the state of New York. I've rented a car from an individual for $300 /month for two months and paid a deposit of $1500, that individual transferred the car title to us.
The car's engine was burned our while driving. we only had liability insurance on it hence insurance did not help and was towed to the towing company, the cost to tow and fix the car was going to be more than what the car was worth hence we transferred the title to the towing company.
Now we received a claim notice from that individual from the City small claim court for an amount of $4500. How do we go about this?
Submitted: 1 month ago.
Category: Consumer Protection Law
Customer: replied 1 month ago.
This is in the state of New York.
Background:
My wife and I are new to this country both of us do not have a driving license. She has been here on a work assignment before me and I'm joined her end of July.
I've an International Driving Permit issued by our home country in India.
We've rented a car from an individual for $300 /month for two months and paid a deposit of $1500, that individual transferred the car title to my Wife's name.
It was transferred to my wife's name because he said something about me not having enough points.
the car was a 2006 nissan. He asked us to stay within 100 mile radius.Issue:
We drove into another state for a weekend on friday and we started back on sunday after driving for like 30 miles and while we were on an Interstate, the car was on fire, we saw flames and fumes from the car's bonnet, We were lucky that we were able to find a sport to pull over and jump out of the car. I opened it to see that the engine was on fire and there was very loud noise and it burned out the wires and the engine. luckily a cop and a fire engine truck came around to put off the fire.
We only had liability insurance on it hence insurance did not help cover the damages and was towed to the towing company's location, the cost to tow and fix the car was going to be more than what the car was worth hence we tranferred the title by mailing the notarized title to the towing company (it is now a salvage).We called that individual from the scene and notified him about the incident , his argument was that we went out of the 100 mile radius.He called after a week and demanded the damages for the car's worth which I denied.Now we received a claim notice from the City small claim court for an amount of $4500, from that individual who sold/rented the car to us. How do we go about this?
Expert:  Asad Rahman replied 1 month ago.

I am sorry to hear this. You need to file a counterclaim against him for fraud and breach of contract. He put you in danger by selling or renting this vehicle to you. I would force his hand into settlement by alleging claims against him in the same court where he filed his suit.

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