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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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An RV rental company rented my family a vehicle with a faulty

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An RV rental company rented my family a vehicle with a faulty tire and an unsafe spare tire. We were forced to stop our trip and stay in a motel because the tow truck driver they sent said the tire and the spare were dangerous. We are out hundreds of dollars for extra hotel expenses and expenses for missed days at the hotel of our destination. The RV company also requested we drive the dangerous vehicle to several tire repair shops that were closed. Due my father's hears condition and my mother's diabetes (she is blind) and the fact that we had my grandchild with us, we requested safe transportation to a hotel and were denied. Can we recoup our loses? What about the danger they placed my family in?
Hi,

Thank you for your question.

The RV rental company owed you a duty to provide you with a vehicle which was safe to drive. They breached this duty by giving you an RV with a faulty tire and a faulty spare. Accordingly, you may assert a suit against them for negligence and recoup your losses. These losses include not only your economic losses but also the mental anguish suffered by you and your family because of the breach of duty.

In order to make this claim, you would need to first send a demand letter which provides how much you lost out of pocket because of this incident and also adds an amount for the mental anguish suffered and sets a deadline for payment. If the payment is not made, then you should file suit.

How much money do you figure you spent out of pocket?
Customer: replied 3 years ago.

Approx 1375.00.

Thank you for your response. I apologize for the delay getting back to you.

Because the amount of your hard economic damages is under $10,000, you will be able to file the lawsuit in California small claims court. You will need to proceed as follows:

1. Obtain the legal name of the RV rental business. This may be on the rental documentation. If you cannot locate it, the business may be operating under an assumed name. In that case, you would contact the county clerk to determine what the actual business name is.

2. File a claim with small claims court nearest the RV rental business's office where you rented the RV.

3. Gather all the receipts of money you were forced to spend.

4. Obtain an affidavit from the tow truck driver which states that in his opinion the tires were dangerous

5. Go to court on the hearing date and state your case to the judge, asking for $1,375.00 in economic damages and $8,625.00 in mental anguish damages. Ask your mother and father to come in and testify.

More information on small court claims may be found at: http://www.dca.ca.gov/publications/small_claims/file.shtml

Please let me know if there is any further information I may provide you. Please also consider rating my answer positively so that I am compensated for my work on your question by the website.

Thanks,
ZDN
TexLaw and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your advice. I am trying to click the smile face icon, and it keeps telling me I don't have permission to access that page. I will try and log in again through email.

Your welcome! Thank you for your business.

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