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Can car rental agency sue for lost rental revenue as well as cost of car?

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A

AmberDog

Guest
What is the name of your state? CA

Car was rented in NE.
Accident occurred on MO.

I have a CA permit but not a license. In Nebraska, my boyfriend rented a car and got basic insurance. I drove it for part of the way in MO and IA, although I was not on the rental agreement. In MO, there is a stretch of road on the State 65 with a 5-6 inch dropoff from the road to the gravel shoulder. When I was driving, I went on the shoulder slightly and then lost control because of the dropoff. I crashed into some trees and the car was wrecked. (According to the ambulance crew, five people had similar accidents in the past month, in the same spot.)

I am willing to pay the cost of the car, but I'm a college student and it would have to be month-by-month instead of the full $12,000 they're asking. The propietors of this franchise are unhappy with this, and have suggested taking me or my boyfriend to court--not for the cost of the car, but for all the lost rental income as well. In other words, all the money they "could be making" with that car, until I come up with $12K to replace it. My yearly income is maybe $3K, and my boyfriend's only a little more.

So my questions are:

1. How do we set up a legally binding payment plan, so the rental people will at least have proof that we accept the validity of this debt?

2. Can they take me to court for more than the cost of the car?

3. They said it might be considered a stolen vehicle because I wasn't on the rental agreement and had no license, and that they could also sue me that way. But I didn't *steal* the car; my boyfrind let me drive it. (I already paid my ticket that I got for driving without a license.) Could the car be considered "stolen" in court?
 


racer72

Senior Member
1. An attorney can draw up a payment plan acceptable to both parties. The car rental company will still want to obtain a judgement against you for the full amount due so if you decide to not pay, your wages can be garnished and bank accounts attached without another trip to court.

2. Absolutely. Your negligence is costing them money. They have every right to seek retribution.

3. Probably not. You had consent to drive the vehicle.
 

stephenk

Senior Member
Do you know if the rental car has been repaired or replaced by the car rental's insurance carrier?

If so, the rental agency would only be able to collect lost rental of that vehicle for the period they did not have that car running up to the point it was repaired or replaced.
 

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