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David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 846
Experience:  JD with Distinction, Admitted to practice in California
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Yes Hi....Back on July 12, 2013, my wife and I rented a vehicle

Resolved Question:

Yes Hi....Back on July 12, 2013, my wife and I rented a vehicle from a 'major' car rental company for four days, during a trip to Los Angeles. We just recently, (August 31, 2013) received notification from the rental company, that the vehicle had been, not only damaged, but that the 'spare tire' was missing.

When we received the vehicle, (we rented it from the JW Marriott Hotel in LA, and returned it to LAX airport on July 16, 2013 about 8pm PDT,) there was ABSOLUTELY NO visible damage as we perused the car before signing off on it. The damage the car company has accused us of incurring is in the amount of $703.77. They have also forwarded, via photographs of said damage to us. At the time we received the vehicle we did not however, check to see if the spare tire was in tact (?) but assumed it was! There also forwarded us a photo of 'an odometer' that showed a mileage of 25155....we returned our vehicle with with the odometer reading of 25154.

I am in possession of the 'paperwork' that we were afforded at the time of the rental, and there is no mention and/or notification of ANY existing damage to the vehicle.

So my question to you is this....What would you suggest our recourse and/or response should be to the car rental company, in lieu of the fact that we MOST DEFINITELY DID NOT cause this damage to the vehicle in question, and we CERTAINLY did not pack a spare tire into our suitcase for the trip back to Tampa, FL.

I would be MOST APPRECIATIVE of ANY advice you could afford me. THANK YOU so very much. 'BE'
Submitted: 10 months ago.
Category: Legal
Expert:  David C. Garner replied 10 months ago.

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David C. Garner, Attorney
Category: Legal
Satisfied Customers: 846
Experience: JD with Distinction, Admitted to practice in California
David C. Garner and 20 other Legal Specialists are ready to help you
Expert:  David C. Garner replied 10 months ago.
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Expert:  David C. Garner replied 10 months ago.

Hello,

 

I will be happy to help you, but I have a question. When you turned the car in, was it to a person? Was there someone who handed you receipt (an attendant)?

 

Please let me know.

 

DCG

Customer: replied 10 months ago.

Yes, of course, we returned it to the car rental company Rental Car Return @ LAX. An agent ran the bar code and printed out or receipt, handed it to us and we entered the terminal.

Expert:  David C. Garner replied 10 months ago.

Ok....

 

I would tell them to go jump and in no uncertain terms. If they wanted to identify damage they should have done it at the time you returned the vehicle. Since there was clearly more mileage on it later, I don't think they could sustain their burden of proof at trial. Also, since it is only $700 or so, they are NOT going to sue. Not to mention the fact that $700 (which includes a new spare tire) amounts to having it waxed, there certainly was nothing significant wrong with the car, even in their mind.

 

I would send them a letter disclaiming the damage and noting that their opportunity to discover this was when you turned it in, not later. That is the purpose of a walk-around. I would then ignore them. I think the mileage discrepancy alone destroys their case.

 

I hope this helps.

 

DCG

Customer: replied 10 months ago.

If you looked closely @ my initial descriptive of the incident, you'll see that the mileage discrepancy is ONLY '1' mile. We turned the car in with an odometer reading of 25154, and the photo they sent us of 'an' odometer (how do I know it's even from the vehicle in question) read 25155.

Expert:  David C. Garner replied 10 months ago.

Hello,

 

That to me is not the issue. More so that is a lot of mileage (1 mile) to accumulate moving it around the lot. That strongly suggests something else happened and they are trying to stick you with it. That 1 mile is very significant.

 

DCG

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