My son was murdered in a car that I rented. I declined the insurance and my son was not listed as a driver. The car company has billed me for over $8 thousand dollars for the damages. I know they also have insurance on the car and the power to write this off considering my son died in the car. I have asked them to reconsider this since the damange was done in the commission of a murder. Further, they sent me about 10-12 graphic photos in the mail of the bullet riddled car along with my son's blood. Never a condolence...just pay us our money. It's very traumatizing. This happened 4 months ago. Also, I rented the car with my VISA debit card and don't have any benefits. Is there any legal help for me?
2007-10-27 10:46:41 · 14 answers · asked by kd 1 in Business & Finance ➔ Insurance
How horrible, I'm SO sorry for your loss!! I can't imagine the deep sorrow at losing a child . . .
They do NOT have physical damage coverage on rental cars. They only carry liability, and it's only EXCESS liability coverage. They COULD write this off, but legally, they don't have to - the person who rented it is on the hook for it.
Does the Visa have any "extras" to pay some of that? Have you called them to ask?
Legally, it's cut and dried - the car was rented to you, and the damage occured while the car was your responsibility. Many, many rental cars are used in the commission of a crime. So despite the sad circumstances, you ARE going to be held responsible for the damages to the car.
2007-10-27 14:16:11 · answer #1 · answered by Anonymous 7 · 2⤊ 0⤋
Finding the right lawyer would help, but you should also write to the upper management of the car rental company - find out who the CEO or president is. Technically, since he was not listed as a driver, he wasn't supposed to be driving the vehicle; it's conceivable that the contract may indicate you owe them money. But if the damage was bullets shot at the vehicle to kill your son - your son did not cause that, did he? If he was murdered because he mixed with the wrong sort of people (particularly if the vehicle was being used for the commission of a crime that went wrong for him), you may have a much harder time arguing your case. Otherwise, the people processing the paperwork might be only following rules they are not allowed to bend. But I think upper management of a car rental firm would recognize it's horrible public relations to try to get money for "bullet damage" from the grieving mother of a murder victim, if your son was merely a bystander. Any smart executive knows that really bad PR can cost their firm much more than $8000 in repair expenses.
Also consider writing your local newspaper or TV station, particularly if they have a consumer advocacy line. That should make the company pay attention.
2007-10-27 18:08:06 · answer #2 · answered by yggdrasil's gardener 3 · 1⤊ 0⤋
You made a terrible mistake in not getting insurance. Insurance cuts down on risk, as you have found out the hard way. The car company may have insurance on the car, but it's not their fault there is no car now. Why should their insurance company pay for something not their fault, and have their premiums raised next year because of it. What if the tables were turned, and they messed up your car. Wouldn't you want to be reciprocated? Or would you say, no big deal?
A computer generated bill, does not have feelings, and thus does not have condolences, since it is inadament. It is trumatizing for everyone concerned. Sorry this had to happen, but you will have to face up to the consequences eventually.
2007-10-27 17:57:47 · answer #3 · answered by Mr. Prefect 6 · 0⤊ 0⤋
First off I am so very sorry for your loss. I am sure this is the last thing you need to be dealing with. But if you rented the car and they did not require you to take insurance on the car with them, did you have insurance on a car you own possibly? If so you may want to check with your insurance company to see if any of the coverages from your policy will extend to the rental car. If that is not the case then I agree with the others, you should contact an attorney.
2007-10-27 20:23:52 · answer #4 · answered by Badkitty 7 · 0⤊ 0⤋
I'm sorry for your loss.
Unfortunately, you declined the insurance when you rented the car and also made the choice to allow your son to drive the car. This isn't something that the rental car agency is obligated to cover, regardless of the circumstances under which the bullet holes were made.
You can try checking with an attorney (or Legal Aid, if you can't afford one) - I'm not sure if you have any legal grounds to avoid being financially responsible, but it couldn't hurt to ask Legal Aid to see if they can assist you.
2007-10-29 20:04:23 · answer #5 · answered by sarah314 6 · 0⤊ 0⤋
I am very sorry for your loss.
If you have full coverage on one of your automobiles - contact your company and turn in a claim. If you have comprehensive coverage on your car - your policy may pay for the damage to the rental car. (vandalism, malicious mischief and explosion - which is what a gun shot is - are covered under the comprehensive coverage of your policy).
As far as the rental company is concerned - the rental contract you signed does not say that you will not be held responsible for damage to the car if it is caused during a murder. So the rental company is on solid legal ground to pursue your for the damage. Is it moral? no Is it legal? yes.
If the person who shot up the car were ever caught - you could sue them for what you had to pay for the rental car.
But here's something to try first:
Give your insurance agent a call and have them help you to report the claim to your insurance company. This way, your agent will be able to help walk you through the claims process.
If your son had an insurance policy separate from yours and he had comprehensive coverage (and your company does not provide coverage for the rental car damage) then call your son's company and report the claim. They may provide coverage for the vehicle as a substitute auto.
Again - I am very sorry for the loss of your son.
2007-10-28 00:40:41 · answer #6 · answered by Boots 7 · 0⤊ 0⤋
The car you rented was damaged whilst in your care. You owe them the money, it doesn't matter in what circumstances the damage was caused. If you decided you didn't want to take the insurance, you took the risk that something bad might happen to the car and you would have to pay for it from your own pocket. Why should the company that lent you the car have to pay for the damage?
2007-10-29 22:30:14 · answer #7 · answered by willliewaggler 3 · 0⤊ 0⤋
If you have another car you own, the insurance on it may cover the rental..You would have to have comp. Check with Visa to see if they have insurance on your debit card. If not, you made some stupid decisions and you have to pay the consequences. If they caught the shooters , you could sue them for property damage
2007-10-27 19:43:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I am sorry, but the verbiage of the contract you signed when you rented the car makes you liable for any damages done to the car while in your possession, whether or not it is your fault. Their insurance does not cover you, it covers damage to the car while in their possession, not yours.
Contact your VISA card holder and see if they give you coverage for a rental car.
I am so sorry for your loss.
2007-10-27 17:55:34 · answer #9 · answered by nurse ratchet 6 · 1⤊ 0⤋
Sorry for your loss. Why didn't you get insurance though? The rental company can't be held responsible whether there was a death involved or not.
2007-10-27 18:02:07 · answer #10 · answered by jenny84 4 · 0⤊ 0⤋