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I recently rented a car from a well known car sharing

Customer Question
Hi there, I recently...

Hi there, I recently rented a car from a well known car sharing operation in Toronto, and took it on the highway to visit folks in Whitby. After the trip, upon preparing to return to Toronto that night, the car died. After much hassle, the car had to be left overnight in Whitby. Was later informed that the previous user had accidently put diesel fuel into this hybrid gasoline car. Hence I drove it and put myself and my wife at risk - It conceivably could’ve seized up in the middle of the hwy! - due to the negligence of the previous driver and/or the folks responsible for maintaining this vehicle available and making it available to the public for renting. Not to mention the overall, significant hassle it caused - there’s more to all this. In fairness, they have since credited my account for $100 (the cost of the rental) but I’m just curious if perhaps I have a case to ask for more. Thanks!

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

By the way, my name is***** and I can be reached by email at***@******.***, or phone at(###) ###-#### Thank you!

Lawyer's Assistant: What steps have you taken so far?

Nothing yet - they only just confirmed via email last night that they verified the problem to be from the previous renter.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well, the good news was, the car died only a short ways from my parents home. Had it happened on the hwy - just a few minutes later - it was then late at night in the cold, it could’ve been a potentially dangerous situation.

Submitted: 26 days ago.Category: Canada Law
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Answered in 1 hour by:
3/26/2018
Lawyer: Debra, Lawyer replied 26 days ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,906
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 26 days ago

I am sorry to hear this.

Does this put in you the position you would have been if this had not happened or do you feel you are owed more for the hassle? I will discuss the other issue, ie, the one about potential harm once I get your answer to this question.

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Customer reply replied 26 days ago
Hi there - thank you Debra. Well, the cost of the rental was about $100, which I was never actually billed for. The fact they have now credited my account by $100 puts me up by this amount. That's all good and well, and I suppose I could just leave it at that. However, I guess my question was whether perhaps more compensation might've been in order considering the hassle and risk I was put through given that none of it was of the result of any wrongdoing on my part. If the answer is no, then so be it, but I just wanted to ask a professional.
Customer reply replied 26 days ago
I have the email from them if that would help. Just need to know where to send it.
Lawyer: Debra, Lawyer replied 26 days ago

Can you scan it and attach it as a document to this post?

If not please email it to customer service but then it will take several hours for me to get it.

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Customer reply replied 22 days ago
Hi Debra - sorry - I got sidetracked with work! am going to try and scan/send you the email from the company today.
Customer reply replied 22 days ago
Forwarded message ----------
From: Enterprise CarShare Canada <*****@******.***>
Date: Mar 25, 2018 8:58 PM
Subject: Reservation:*****(South of Eglinton) - Toyota Prius Hybrid (#247) - 3:00 pm 03/17/18 (#3365334)
To:***@******.***
Cc: *****
Thank you for your patience. We waited for the Esso records to come in and the member previous to you (by accident) put a small amount of diesel in the car. This is what caused it to stop working on you. The diesel made it through the fuel lines and managed to cause a lot of issues. Normally we could charge you for half of your reservation as you got one way to your destination, but given the circumstances I have made your reservation no charge.
When we did get the car back it was covered in dog hair. I will assume that if you had not been through the issues that you encountered that night, that you would have cleaned the vehicle up before returning it. That being said, the best way to keep the vehicle clean is to ensure that your furry friends do not touch the seats. Our policy states that in the vehicles that are dog allowable, that you would take your pet in a pet carrier. If you can approximate this with tarps & blankets so that no fur, paw prints, drool, etc. get onto the seats, floor or windows, then we are usually ok with that. If you were not aware of our pet policy, please let me know. We do have vehicles that you cannot take a pet in at all.
We love animals, but have frequent complaints regarding messes caused by our furry friends.
Please let me know if you have any questions.
Sincerely,
Betsy Carter
Assistant Branch Manager
office: 416.340. 7888 | direct:(###) ###-####
203-26 Soho St., Toronto, M5T 1Z7
Customer reply replied 22 days ago
Debra - below is the response I drafted (but have not yet sent) when I had the notion to ask for professional advice. Couple of notes: 1) when I initially wrote you, they had credited my account for $100, but had not charged me anything. They have now since billed me the $100, so overall there was no charge for the rental. 2) I find the fact that they try turning the focus to the comparatively minor issue of doghair to be something of a low-level smokescreen, possibly suggesting they are trying to divert attention from the fact that they were negligent in their vehicle maintenance.
==========================================================================
Hi Betsy - thank you for the follow up.It's good you found the root problem. I've never used diesel, but have heard that diesel nozzles are generally a different size than standard ones, making this kind of mix-up very difficult. But in any event, it happened, fortunately didn't cause any serious accidents, and now is something we can hopefully all learn from.Thank you also for crediting my account for the full amount of the rental.The fact that it died on a small residential street 2minutes walking distance from my parents house was a blessing. Had it happened on the highway, at night, in the freeze, would've been a MUCH bigger, and potentially dangerous problem.After it died, the fact that we sat there on hold for 30minutes in the cold after the answering service told us to expect a wait time of 2.5minutes - and then to have the Enterprise rep shrug it off by saying "I don't know where they come up with these things (meaning wait-time estimates)" and thinking that was funny. It wasnt.Or the fact that I took this vehicle out in good faith on the highway to get to Whitby - with my wife and dog - now knowing it could've created a dangerous situation had it suddenly seized up(!?!) in the middle lane of the 401 in busy traffic - no joke there either.Or standing outside at 11pm in minus zero temps trying to get it started, or pushing the vehicle off to a side street, or dealing with this miserable towtruck guy while we tried to get a boost, or messing up our next day plans with friends/family because we then had to spend the night in Whitby unexpectedly, not getting back til 1:30pm. Not too funny either.On a brighter note, you handled the situation exceptionally well, given the circumstances, and especially given that no one could have known what had actually happened at that point, so thank you for that. Your follow up and help walking through it was a credit to your patience/training and the Enterprise CarShare operation. You pretty much did everything you could've given the circumstances.As for the dog hair - you're 100% correct - we normally use sheets if we take the dog, and if we do, I ALWAYS clean the vehicles before returning them - in fact they are usually returned in better condition than when they were picked up. Had this rental arrangement gone as planned, this wouldn't have been any different. I treat the vehicles as if they were my own, as I generally find the service quite useful.Thank you again for your follow up.Regards,
Doug
Lawyer: Debra, Lawyer replied 22 days ago

So what do you feel they should do now?

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Lawyer: Debra, Lawyer replied 21 days ago

Is there anything more I can help you with at this point in time?

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