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Attorney-Expert
Attorney-Expert, Attorney
Category: Legal
Satisfied Customers: 1952
Experience:  Twelve years of computer engineering, mediation and the law certifies me for dispute resolution and litigation questions
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Please let me know if I have any legal recourse to make sure

Customer Question

Please let me know if I have any legal recourse to make sure this person never drives anyone else again. Thanks
Conversation on Twitter last might and today:
Janielyn [email protected] 20h20 hours ago
@Hertz One of the worst experiences of my life was being picked up from the dealership and driven to the Hertz location today for my rental
Hertz Corporation [email protected] 19h19 hours ago
@texaskowgirls I apologize about the troubles. Please follow and DM your reservation # ***** further review. - Richard
Janielyn [email protected] 18h18 hours ago
@Hertz I shared my experience w/ the agent upon arrival and was visibly shaken. I feared for my life/ he should never drive anyone again.
Hertz Corporation [email protected] 17h17 hours ago
@texaskowgirls Thank you. Can you please DM details of what happened?
DM TWEETS to and from HERTZ: 4 pm I dropped my Ram truck @ Ron Carter Dodge and called Hertz in Pearland for pickup, as arranged. Got a call 35 minutes later asking where I was...driver apparently was lost. I finally found him at 4:50. No apology, no greeting, nothing. The 13 mile trip to the Hertz office took more than 30 minutes because he didn't know where he was going, even though he was at times driving 80 in a 55, 70 in a 50, and 60 in a 40. Weaving in and out of traffic NOT using the signals and following at times less than 20' from the next car. Hard stops and starts which made me car sick. Several times looking at his phone when it went off for text/emails. I felt trapped and very uncomfortable...afraid to speak not knowing how he would react. Upon arriving at the office he parked sideways in the front parking spot and left without speaking to me. I expressed my distress to the agent and had to excuse myself to the restroom to compose myself before completing the paperwork. While she apologized, I explained that he should never be allowed to drive anyone ever again. The tiny car I was given had a half tank of gas and the agent failed to conduct an inspection. I just wanted to get away from there. I hope there will not be an issue at the airport tomorrow when I turn it in. I pray my horrific experience never happens to anyone else. JLS
ME: Can I get a followup regarding this issue please.
HERTZ: I am very sorry for the trauma our driver caused you. I have forwarded the details you provided to the management team over the Pearland office. They will handle this internally with the driver involved. We are unable to provide any details regarding any discipline as this is considered private and confidential information.
The fuel level out shows was documented as 5/8. You can return the car with the same level of fuel. Each car is inspected after each rental and damage noted. As long as no new damage is noted on return, you should not have a problem. ^SKR
33m 32 minutes ago
ME: That's it? I appreciate that you are very sorry, but that does nothing to alleviate or mitigate my horrific experience at the hands of your employee. Do you understand that I felt like a hostage? How can I be assured this will never happen to someone else? , I am trying to give your company an opportunity to make amends so I will have confidence renting from Hertz in the future.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Additional information that may be important.
I am a 56 year old white woman. Occupation: Ranch Manager
The Hertz driver is a 20 something black man that has a pronounced disability, this I noticed when he walked across the parking lot at the Hertz location. He also appeared to be suffering from a nasal congestion issue (sic) because he was snorting back flem repeatedly during the trip. I was praying I wouldn't catch something and become ill prior to my flight this evening.
Expert:  Attorney-Expert replied 1 year ago.

Hello, my name is ***** ***** I want to make sure you receive excellent service today.

First, let me say that I am terribly sorry to hear that you have had to go through this ordeal. This person should definitely not be allowed on the road. That being said, legally speaking, there are not a lot of realistic options. You could bring a claim against Hertz for the tort of Intentional Infliction of Emotional Distress (IIED). This claim exists if someone intends to cause you severe emotional distress. The problem with this claim is that this person is just a terrible driver. It is unlikely that he singled you out. You could try a number of other approaches, such as Assault, or negligence, however, each claim would likely be as difficult to prove as the first. Outside of the law, however, you may have some recourse. Hertz definitely doesn't want the bad publicity of having a bad driver working for them. If you keep pushing, they may make sure this person looses their job. You can let them know that if something isn't done, you will be writing to the BBB (Better Business Bureau), posting a review on Yelp, or otherwise plastering the internet with this information. Finally, you can try to see if the police will bring criminal charges against this person, almost guaranteeing his termination. You can go to or call your local police station and tell them exactly what happened, being as precise with the locations and times as you can. While police will usually not write a citation unless they see the violation themselves, and this may fall on deaf ears, if they can find a video (either from a traffic camera or local business) showing the egregious nature of this driving, they may decide to act. There is a law called reckless endangerment. This penalizes people for knowingly putting other peoples lives at serious risk. If you can get any proof related to this driving, absent just your word, they may decide to do something.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day.

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