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Car Rental question

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What is the name of your state (only U.S. law)? Florida

I have a friend who rented a car in Florida. She paid for full insurance coverage on the rental. During the rental period, she was pulled over for DUI. At the time of being pulled over, there was no damage to the vehicle. After her arrest, the car was impounded, per Florida law for rentals. The car was then returned directly to the rental company by the towning company. Now, the rental company is claiming (with pictures) that the car had $1000 of body damage, which must have occured after she surrendered the vehicle to the police for impound/return to rental agency. The rental agency states that because of the DUI, her insurance on the contract is void and she must pay the rental company for the damage. Is she liable for damage that took place even though the car was no longer in her possession?
 


Most definitely. If you read the fine print on the contract, she was liable for the rental until it was turned back over to the company. That would also apply to cases where the car is left at a rental lot, keys placed in a drop box, and it was vandalized/stolen/whatever during the night. Until the company takes possession, you're responsible.

It's not like it would matter anyway. DUI's (or anything illegal) void the contract (and insurance) anyway.
 

Zigner

Senior Member, Non-Attorney
So, the drunkard allowed damage to occur to the car she rented...and now she doesn't want to be responsible for it?
 
Reformed,

Thanks. That is what I thought and also what I have been trying to tell her, but she was still questioning it. I showed her your response (interestingly, EXACTLY what I was trying to tell her) and she SEEMS to have agreed to not try to fight the rental company (and lose, complete with interest, legal fees, and court costs). It's amazing how some people just can't visualize that their position is futile and they should just give up and pay!
 
Zigner,

While your response was a bit "unprofessional" it actually did serve a purpose. I showed her what you said and explained to her that if she were to go to court, the attitude you showed is EXACTLY the same as what she would be facing in court....
 

Zigner

Senior Member, Non-Attorney
Zigner,

While your response was a bit "unprofessional" it actually did serve a purpose. I showed her what you said and explained to her that if she were to go to court, the attitude you showed is EXACTLY the same as what she would be facing in court....
I'm glad I could help :)
And, just to be clear, I was probably a bit nicer than what she may have experienced in court. ;)
 
Reformed,

Thanks. That is what I thought and also what I have been trying to tell her, but she was still questioning it. I showed her your response (interestingly, EXACTLY what I was trying to tell her) and she SEEMS to have agreed to not try to fight the rental company (and lose, complete with interest, legal fees, and court costs). It's amazing how some people just can't visualize that their position is futile and they should just give up and pay!

Anytime! Glad to be able to offer some help. And, just to make her (and you) feel a little better, the rental company that I work for will work to setup payment plans with you (I'm fairly sure the others do as well, haven't kept up on their rules of late though). It doesn't to be a big one-time hit if you can't afford to drop the entire amount at once. I have seen people that had thousands of dollars of damage come in each month to pay $20 towards what they owe. The company will just be happy to recover the money, even if it's in small doses. Take care!
 

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