How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5299
Experience:  Attorney with significant and substantial experience in multiple areas of law.
Type Your Legal Question Here...
Joseph is online now
A new question is answered every 9 seconds

I rented a car that was scratched while under my possession,

This answer was rated:

I rented a car that was scratched while under my possession, many things have come up that I have disputed their claim. one thing is the contract. it states that it was a "red" car when it was clearly blue. does this help me in my dispute

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

No, unfortunately, their mistake as to color of the car is not going to help you in the dispute. That is considered a mistake, but none one that is material enough to invalidate the contract. If the mistake had actually caused you to believe that the contract covered a different car entirely, then it could potentially be used as a defense, but otherwise it would be considered immaterial, as long as you knew what car it was intended to cover. (I.e., make, model, mileage, etc. was correct)

You would need to have a dispute as to whether the car was actually scratched while in your possession to be successful in contesting the damages.

For instance, if they failed to do a check for damages prior to renting you the car, you could contest that the car was actually scratched while it was in their possession (before you rented it) and not when it was in your possession.

I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

Joseph and 3 other Legal Specialists are ready to help you