violation of car lease agreement

[samny700]

Yes, he knows where to return. I've given address of my friend's place.

If he has stopped responding to emails/texts/calls, why would he be responsive to letters? I strongly feel his bad intent and selling the car for parts.

 

[quincy]

Yes, he knows where to return. I've given address of my friend's place.

If he has stopped responding to emails/texts/calls, why would he be responsive to letters? I strongly feel his bad intent and selling the car for parts.

A letter can be important if you wind up in court.

 

[samny700]

Ok thanks. I will do that as well.

 

[quincy]

Ok thanks. I will do that as well.

Good luck, samny700.

 

[Zigner]

I've notified the lessee that I will reporting to legal authorities if he doesn't return the car and respond to me about his whereabouts. He has stopped replying to emails and his phone has gone silent. I think this is important in case my car gets involved in an accident or illegal practice.

The guy knows that you're either NOT going to contact the authorities, or that the authorities aren't going to get involved in a purely civil matter, so that threat was hollow. I'm not sure why you haven't proceeded with the steps outlined in your lease.

 

[quincy]

The guy knows that you're either NOT going to contact the authorities, or that the authorities aren't going to get involved in a purely civil matter, so that threat was hollow. I'm not sure why you haven't proceeded with the steps outlined in your lease.

The problem could be that samny doesn’t know where the car is ... but I am not convinced there has been much of an attempt to locate it. Emails and texts and phone calls are not as effective as sending someone over to the fellow’s last known address and taking a look.

 

[Litigator22]

The problem could be that samny doesn’t know where the car is ... but I am not convinced there has been much of an attempt to locate it. Emails and texts and phone calls are not as effective as sending someone over to the fellow’s last known address and taking a look.

It isn't what the "problem could be''! The problem is that "sammy" is a blooming idiot and there is no known cure for that.

He thought he was cutting a fat hog by pocketing four big ones while avoiding the expense of having his vehicle safely stored. Apparently he did so unbeknownst of the fact that he was thereby exposing himself to personal liability under New York's ownership liability statute, Vehicle & Traffic Law § 388. [*]

Caveat: In case the question arises as to "sammy" being afforded immunity under the Graves Amendment (49 U.S.C. § 30106 "Rented or leased motor vehicle safety and responsibility") it should be noted that the Federal Act applies only to those engaged in the trade or business of renting or leasing motor vehicles.
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[*] New York Vehicle & Traffic Law Sec. 388
Negligence in Use or Operation of Vehicle Attributable to Owner

1. Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner. . . . "

 

[quincy]

It isn't what the "problem could be''! The problem is that "sammy" is a blooming idiot and there is no known cure for that.

He thought he was cutting a fat hog by pocketing four big ones while avoiding the expense of having his vehicle safely stored. Apparently he did so unbeknownst of the fact that he was thereby exposing himself to personal liability under New York's ownership liability statute, Vehicle & Traffic Law § 388. [*]

Caveat: In case the question arises as to "sammy" being afforded immunity under the Graves Amendment (49 U.S.C. § 30106 "Rented or leased motor vehicle safety and responsibility") it should be noted that the Federal Act applies only to those engaged in the trade or business of renting or leasing motor vehicles.
_____________________________

[*] New York Vehicle & Traffic Law Sec. 388
Negligence in Use or Operation of Vehicle Attributable to Owner

1. Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner. . . . "

I agree that samny did not think his car rental plan through very carefully.