FLRussianHubby
Member
What is the name of your state (only U.S. law)? Florida
A few months ago, I rented a car (Dollar Rent-a-car) with a secondary driver on the contract. Against my wishes, the secondary driver drove the vehicle DUI and was arrested. As is standard procedure in Florida, the vehicle was towed after her arrest. On the police report, no damage was reported to the vehicle or any other property. In fact, it is my understanding that a DUI with property damage in Florida is a FELONY DUI--not a misdemeanor. She was charged with a misdemeanor (and is now on probation for 6 months). Anyways, I went to the towing company to view the vehicle and was refused the right to even see the vehicle. In fact, I could not even retrieve our property out of the vehicle--they stated that the rental car company would have to handle this matter. A few days later, I retrieved the items in the car from the rental car's Lost and Found department.
About a week later, I received notice in the mail that the vehicle was damaged and they wanted to collect approx $600 for repairs, $300 for "loss of rental use" and $100 in administrative fees. They also enclosed a few pictures (very poor quality) showing damage to the passenger side door and mirror of A CAR. And, they showed a picture (separate) of the license plate from the car that was rented.
Upon discussion with the rental company, they refuse to provide me any proof of the vehicle's damage other than those pictures which can easily be fabricated (different car between the tag and the damage pictures). In fact, when I presented that possibility to them, the manager even admitted that they often swap plates between vehicles as part of their regular operations! I asked for proof of the repairs that included documentation of the VIN number of the vehicle being repaired (ie, a repair bill). They stated that they would not comply.
In addition, they stated that they would NOT accept installment payments (I was asking for 3 payments a month apart) to resolve the issue. Instead, they gave me 30 days to pay it in full or they would have my driver's license suspended.
Now the questions:
1) While I realize that the driver broke the law with the DUI and violated the rental contract in the process, what rights do I have? I also realize that if the damage was caused by the towing company, I would probably still be liable. But, their refusal to allow me to see the car after it was towed, along with the towing company not mentioning any damage, and the police report not showing any damage sounds very suspicious to me.
2) License tags do not provide PROOF that the vehicle in question was the one repaired. Only VIN numbers can do this. Do I not have the right to ask for more solid proof than an easily-faked license tag picture?
3) What is the law regarding them being able to have my license suspended? I tried to locate any Florida law that states that this is possible and the only things I found were consumer complaints filed against Dollar Rent a Car where they made this type of threat. Is this real?
4) I was not the driver of the vehicle when the DUI occured (I don't even drink!) What rights do I have as far as collecting the money from the person who actually was arrested? Can't the car rental company go after her?
5) I have offered to make payments, but they refuse to take payments--insisting on payment in full. Doesn't this show that I am attempting to resolve this in good faith to prevent the supposed license suspension?
6) Is there anything I can do to put a delay on them suspending my license in order to try to come up with the money?
Normally, I would just pay this and be done with it. (no sense in filing an insurance claim as my deductible is higher than the claim amount). BUT, I am self-employed and due to circumstances out of my control, I, myself, have several clients in collection. In the last 3 months, I have over $18,000 of money owed to me that has gone uncollectible due to corporations closing their doors and walking away without paying anything. (the lawyers tell me I have no chance, as they drained all of the cash from the businesses and dissolved them). It sucks driving past a $7,500,000 mansion owned by one of my clients each day, but yet he can legally claim his business is broke and walk away from the money he owes me and others!!! Because of this, I simply do not have the money to pay this in full all at once. And, if my license is suspended, causing me to not be able to work, they have no chance of getting their money. (in addition to the obvious issue of driving, I have some federally-required security clearances that require me to have a valid drivers' license--some little-known post-9/11 stuff). It would wind up being a choice between paying $1,000 to the rental car company or paying the rent.
Help!
A few months ago, I rented a car (Dollar Rent-a-car) with a secondary driver on the contract. Against my wishes, the secondary driver drove the vehicle DUI and was arrested. As is standard procedure in Florida, the vehicle was towed after her arrest. On the police report, no damage was reported to the vehicle or any other property. In fact, it is my understanding that a DUI with property damage in Florida is a FELONY DUI--not a misdemeanor. She was charged with a misdemeanor (and is now on probation for 6 months). Anyways, I went to the towing company to view the vehicle and was refused the right to even see the vehicle. In fact, I could not even retrieve our property out of the vehicle--they stated that the rental car company would have to handle this matter. A few days later, I retrieved the items in the car from the rental car's Lost and Found department.
About a week later, I received notice in the mail that the vehicle was damaged and they wanted to collect approx $600 for repairs, $300 for "loss of rental use" and $100 in administrative fees. They also enclosed a few pictures (very poor quality) showing damage to the passenger side door and mirror of A CAR. And, they showed a picture (separate) of the license plate from the car that was rented.
Upon discussion with the rental company, they refuse to provide me any proof of the vehicle's damage other than those pictures which can easily be fabricated (different car between the tag and the damage pictures). In fact, when I presented that possibility to them, the manager even admitted that they often swap plates between vehicles as part of their regular operations! I asked for proof of the repairs that included documentation of the VIN number of the vehicle being repaired (ie, a repair bill). They stated that they would not comply.
In addition, they stated that they would NOT accept installment payments (I was asking for 3 payments a month apart) to resolve the issue. Instead, they gave me 30 days to pay it in full or they would have my driver's license suspended.
Now the questions:
1) While I realize that the driver broke the law with the DUI and violated the rental contract in the process, what rights do I have? I also realize that if the damage was caused by the towing company, I would probably still be liable. But, their refusal to allow me to see the car after it was towed, along with the towing company not mentioning any damage, and the police report not showing any damage sounds very suspicious to me.
2) License tags do not provide PROOF that the vehicle in question was the one repaired. Only VIN numbers can do this. Do I not have the right to ask for more solid proof than an easily-faked license tag picture?
3) What is the law regarding them being able to have my license suspended? I tried to locate any Florida law that states that this is possible and the only things I found were consumer complaints filed against Dollar Rent a Car where they made this type of threat. Is this real?
4) I was not the driver of the vehicle when the DUI occured (I don't even drink!) What rights do I have as far as collecting the money from the person who actually was arrested? Can't the car rental company go after her?
5) I have offered to make payments, but they refuse to take payments--insisting on payment in full. Doesn't this show that I am attempting to resolve this in good faith to prevent the supposed license suspension?
6) Is there anything I can do to put a delay on them suspending my license in order to try to come up with the money?
Normally, I would just pay this and be done with it. (no sense in filing an insurance claim as my deductible is higher than the claim amount). BUT, I am self-employed and due to circumstances out of my control, I, myself, have several clients in collection. In the last 3 months, I have over $18,000 of money owed to me that has gone uncollectible due to corporations closing their doors and walking away without paying anything. (the lawyers tell me I have no chance, as they drained all of the cash from the businesses and dissolved them). It sucks driving past a $7,500,000 mansion owned by one of my clients each day, but yet he can legally claim his business is broke and walk away from the money he owes me and others!!! Because of this, I simply do not have the money to pay this in full all at once. And, if my license is suspended, causing me to not be able to work, they have no chance of getting their money. (in addition to the obvious issue of driving, I have some federally-required security clearances that require me to have a valid drivers' license--some little-known post-9/11 stuff). It would wind up being a choice between paying $1,000 to the rental car company or paying the rent.
Help!