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Is it worth it to talk to a lawyer about car rental company not providing details on the cost of a cracked front windshield, I need the document to fill a claim with my insurance company.

I rented a car 4 months ago in California, while driving the car back to the airport a rock chipped the front windshield. I declined the company insurance policy and decided to use my credit card provided one.

The company charged me $500 and they told me once they have the final statement from the company changing the front glass they will give me back some money as they estimated will be cheaper than $500.

The insurance company doesn't want to process my claim as they request:

" Please provide, from the rental company, a copy of the repair estimate for the damage and also the demand letter detailing repair cost and associated fees."

And the car rental company refuses to give me a final statement on the cost of the front glass repair.

Is it worth it to contact a lawyer?

Update: I'm located in Texas and car rental happened in California but company has presence in Texas.

Usersearchingadvise
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3 Answers3

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Is it worth it to contact a lawyer?

No. The amount at issue indicates that the matter would have to be litigated in Small Claims court, where typically parties are not allowed to be represented by a lawyer. Furthermore, litigating in Small Claims court will give you some exposure to judicial proceedings. Being able to advance your legal arguments in court is useful, and this seems to be a great occasion to gain experience of that sort.

The rental company's uncooperative behavior is unreasonable and can forfeit its entitlement to at least a sizeable portion of its actual expense. In many jurisdictions, the legislation provides treble damages in claims of fraud. Although claims of fraud and breach of contract oftentimes overlap, your entitlement to treble damages is not something to rule out. At the outset, the company's initial promise to give you the final statement most likely supports a finding of reasonable reliance, one of the prima facie elements of fraud.

It is unclear whether the rental company made the aforementioned promise in writing. For evidentiary purposes, make sure that all your subsequent interactions with the rental company are in writing. That will make it harder for the company to disavow its verbal representations.

Iñaki Viggers
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    "...Small Claims court, where typically parties are not allowed to be represented by a lawyer." In the US, this varies by state. In some states lawyers are allowed in small claims cases, in others thy are not. Nor does everyone want 'some exposure to judicial proceedings.". If a successful litigant can collect legal fees, that might be the way to go. This will again vary by state in the US, – David Siegel Nov 01 '21 at 16:59
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    @DavidSiegel "Nor does everyone want 'some exposure to judicial proceedings."" Obviously, but it is up to each person to ponder whether getting lawyer bills even for simple matters like this makes more sense than gaining that exposure & self-sufficiency. The OP's description nowhere indicates a medical, social, or practicality constraint in that regard. – Iñaki Viggers Nov 01 '21 at 19:24
  • Yes, they are free to go pro se if they choose to, and the case described is a more reasonable one for that than many. Whether it pays to hire a lawyer is a decision for the person to make, we should point out the possibilities and risks, but mostly not tell people what to do, IMO. If the local law permits legal fees as part of a judgement, as many but not all do, that will affect the cost/benefit analysis. It seemed to me the answer was a bit over-absolute on these points. – David Siegel Nov 01 '21 at 19:30
  • @DavidSiegel I am not really telling the OP what to do other than to interact with the company in writing, a common sense precaution that does not warrant incurring attorney fees. Lastly, WA ("Lawyers generally cannot take part"), OR ("you must have special permission from the judge to bring a lawyer"), CA ("Attorneys are generally not allowed") suggest that awarding attorney fees is unlikely. – Iñaki Viggers Nov 01 '21 at 20:57
  • Lawyers are allowed in small claims cases in the following 29 states: Al, AK, CT, DC, DE, FL, GA, HI, IA, IL, IN, KT, LA, MA, MD, ME, MS, NC, NH, NJ, NM, NY, OK, PA, RI, SC, TN, TX, VT, WV. In KS if one side has a lawyer (as a business may) the other side may also have one. Seea;lso the various state court websites. – David Siegel Nov 01 '21 at 23:28
  • According to this Nolo page "Fourteen states—Alaska, Arizona, Arkansas, California, Colorado, Delaware, Idaho, Illinois, Mississippi, Nevada, New Mexico, Oklahoma, Virginia, and Washington—provide in at least certain collection lawsuits that the prevailing party recovers. This is the case even if the credit agreement does not mention attorney fees. The types of lawsuits that allow for such fees vary significantly by state." – David Siegel Nov 01 '21 at 23:36
  • @DavidSiegel Ok, that is interesting and might debunk the assertions made in the three aforementioned sources. It is unclear whether in the OP's jurisdiction the matter statutorily qualifies as credit agreement. Statutory minutiae aside, it materially resembles a credit matter where the rental company is the debtor. – Iñaki Viggers Nov 01 '21 at 23:55
  • Yes, and there are other laws in some but not all states allowing legal fees in consumer suits.I presume the cited sources are correct for the specific states they describe. In some states small claims cases must be for money damages only, in some mreturn of property, such as a borrowed computer, is allowed. OP did not even state this was a US case, much less which state if it was. – David Siegel Nov 02 '21 at 00:03
  • Where are you seeing a case for fraud? What material fact do you think the company has misrepresented? – Nate Eldredge Nov 02 '21 at 17:38
  • @NateEldredge "What material fact do you think the company has misrepresented?" The company's intent to provide the OP with proof of the actual cost. Although hard to prove because of its intangibility, a party's state of mind (such as intent) constitutes a fact nonetheless. In an instance of fraud, the defendant's intent is a prima facie element. – Iñaki Viggers Nov 03 '21 at 09:52
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Is it worth it to contact a lawyer?

Almost certainly no. Lawyers typically charge a few hundred dollars an hour.

Dale M
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I would probably decline to represent you because my fees (probably more than $500 when all is said and done) would exceed the value of the benefit I could reasonable expect to provided to you.

Some lawyers will do a brief consultation for $100 or so on a flat fee basis (I used to do them when I was less busy). That might be worth it, but it would be a close call.

ohwilleke
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