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i managed to spin out my rental grand am today. nothing like crazy california weather, and a balding rear tire to get ur car in a spin out....so rite now im stick between a rock and a hard place....should i sue hertz for giving me a car with bald rear tires? or should i suck it up and pay....?any ideas?
ps anyone kno of a good attonery in teh bay area?
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Rubbi
;eeko;OUCH BUD..... That is some bad luck! How much do you have to pay, What do you have to pay for? I thought that you had to have insurance to drive a rental, shouldn't that cover it? So you said you spun out, what did you hit? Are you supposed to inspect the car before you take it off their lot? Never rented a car so I don't know how this stuff works. But, BEST OF LUCK, hope everything turns out alright.
Best way to find a good attorney is through the local bar association. Get a couple of referrals and talk to them all. Depending on the individual bar, they may or may not charge a referal fee. They do vet the lawyers they refer, so it isn't some random thing.
From your description it sounds like the rental agency is at least partly at fault. But a lawyer should be able to say with more certainty.
yea im pretty sure the rental company is at fault on this one. even the CHP pointed out the rear tires had no tread left on them. i think ill let the insurance company figure it out. im gonna take this one slow since i just got my vx back today...
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CLASSACTION LAWSUIT
When I picked up the first rental (Ford Escort), the guy had ME walk aroudn it with him and inspect it. Dents, scratches, tires, etc. I said cool and signed. The next day I brought it back cause the front driver side rotor was grinding. They were quick to apologise and gave me a Ford Focus. This time, it was a woman (the manager), who walked around the car REAL QUICK. I was skeptical of her check over so I asked if she minded if I looked it over also. She said she didnt care, but she was really busy and needed me to sign right away. She was DAMNED fine, with that cute little squeaky voice, so I shy'ed away and signed.
I got home to find a huge scratch along the front fender. I am just gonna wait to return it WHENEVER and see if it becomes an issue. Cute women have a way of deterring even the wisest of men from the senses. *sigh*
Anyways, my point (before I got carried away).... I always try to do my own little inspection of the car when I first pick it up. From paint to tires to interior. My good old late gramps put me on to that long ago when I had my first rental. It paid off quite a bit. Lesson learned now. :(
Yeah, inspect the car first and the babe afterwards.;)
I've only had a couple rentals in my life; but, the way I understand it is if your car is out of commission and your driving a rental than your insurance covers the rental as though it were your own car. If, on the other hand, you are simply renting a car out of convenience and your car is roadworthy, than you must purchase additional insurance at the rental company to cover it.
I've done both of these examples as I rented a car while my Dodge Daytona I.R.O.C. RT was in the shop getting a new head installed and my rental was covered by my insurance. Then, I rented a car to drive to York, PA since I had just bought my '96 Dodge Ram new and didn't want to rack up 800 miles round trip on it so I had to purchase insurance at the rental facility to cover the rental.
yea now i kno now to make sure the car is ok before renting it...its a little late now since i fishtailed into a railing...my insurance company said i was not completely as fault, but i did need to pay my deductable of 500 dollars. good thing at the time i was in the attorneys office and i had the adjuster talk to teh attorny. she said tat we should be able to get the money back and i did not need to worry about it. i guess its cool now, especially after i got my vx back from teh shop...damn it looks good....all clean and waxed and shiney...
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Head Shop
The car rental company would be in BIG trouble had you been injured... They have no protection from the fact that they rented you an unsafe car. You will get your money back....
:thumbup: glad to see things are looking up for ya!
As I understand it, and as I have been told by my auto insurance company (please check with your particular company before believing my jibberish), if you rent a car it IS covered under your auto insurance no matter why you have rented the car!!! This is provided you carry full coverage insurance on your primary auto. It's the same if you were to wreck your friends auto, your insurance company would be the one to reimburse him. This may vary from state to state, but I know it to be true in Kansas and Texas, with Providian, and Farmers Insurance Group......
If you pay for the rental with your credit card, you may also have additional insurance coverage through that, it is a very common "perk."
i paided with a atm card...and go ahead...take money out...i got 200 bucks for u to take...:)
yea i hurt my back and my neck from the accident. i went to my doctor today and he told me to take some xrays..gonna do tat on monday. possibly my doctor is going to send me to pyshical theripy(sp?).
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Brunette live
I take it that you declined the rental co's. insurance at time of rental.
Did you ask the lawyer why the rental co's insurance shouldn't pay for the damage, due to the tire safety/mechanically unsafe issue?
Is that not pursuable due to you signing a part of the agreement stating that you inspected the vehicle and found it to be in acceptable condidtion at the time of rental?:confused:
I would think the atty. will get the maint. record of the car to see how old the tires are, along with other maint. history right?
Does the company have any history of safety issues?
Can you say "punitive damages award"?
I never get the insurance from the rental agency.
As was said, I keep a good policy for my daily drivers, and that covers any rentals too. Plus the extra bit from my credit cards.
The car rental agency insurance is mostly a scam. They try and make you think you're not covered, even when you know you are. It does come in handy if you're in Canada, or Mexico, or wherever, where normal policies will not cover. The rental company's insurance usually has a much lower deductible than your typical policies as well.
It's a gamble...the cost of the insurance for the suration of your rental vs. your deductible. Keep in mind that your policy from your primary insurance may go up regardless of which insurance you use in a rental car accident, so that's probably not a factor.
-Daver