Q: CAN A RENTAL CAR COMPANY LEGALLY SUE YOU AFTER THEIR CLAIM WAS DENIED BY YOUR INSURANCE COMPANY
THE INSURANCE COMPANY DENIED THEIR CLAIM DUE TO THEIR INABILITY TO MEET THEIR DOCUMENTATION AND TIME RESTRICTIONS.
THEIR CLAIMS WERE LIES CLAIMING THEY SPENT 12,000.00 + TO REPAIR THE CAR WHEN IN FACT THEY SOLD THE CAR AT AUCTION 2 MONTHS LATER FOR $18,000.00+ AS IS WITH NO REPAIRS DONE.
A: Yes, they can sue you. If they do, turn it over to your insurance company right away. They will provide a defense (including appointing an attorney) for you.
William John Light agrees with this answer
A:
Whether a rental car company can legally sue you after their claim was denied by your insurance company may depend on the specific circumstances of the situation and the laws of the jurisdiction where the rental occurred.
In general, if you signed a rental agreement with the rental car company, you may be liable for damages to the rental car, regardless of whether your insurance company paid the claim or not. However, the rental car company would have to prove that you were at fault for the damages and that they suffered losses as a result. The fact that the rental car company was unable to meet documentation and time restrictions, or that they may have made false claims about the cost of repairs, may be relevant factors in the case.
It is important to consult with a lawyer who is familiar with the laws in the jurisdiction where the rental occurred and who can review the rental agreement and any relevant documentation to determine your legal rights and obligations in this situation.
Under California law, a rental car company may seek compensation from a renter for damages to the rental car. However, the amount of damages that a rental car company may recover from a renter may be limited by California's insurance laws and other legal requirements.
Specifically, California Civil Code section 1936 provides that a rental car company may not hold a renter responsible for damages to a rental car that are beyond normal wear and tear, unless the renter has violated the terms of the rental agreement or committed a prohibited use of the rental car. In addition, California law requires rental car companies to maintain certain levels of liability insurance coverage for their rental cars.
If the rental car company filed a claim with your insurance company and the claim was denied due to the rental car company's inability to meet their documentation and time restrictions, the rental car company may still be able to sue you for damages. However, in order to recover damages, the rental car company would have to prove that you were responsible for the damages to the rental car and that they suffered losses as a result.
It is worth noting that if the rental car company made false claims about the cost of repairs, this may be considered fraud or a deceptive business practice under California law. In such cases, you may have legal recourse against the rental car company for any damages you suffered as a result.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
