QuestionMy wife was recently in an accident, thru no fault of hers as attested to by two witnesses at the scene who were nice enough to make formal statements for the police report. Since then the car has been totaled by the "at faults" insurer, and we were provided with a temporary replacement rental car. When I got in the car at the rental car office, I notice that the low tire pressure warning light was on, and when I got out of the car to look at the tires noted that the left front wheel looked like it was low. I went back into the rental office to point this out, and the manager went out to the car with me, looked at the tire, and clamied the sensor was malfunctioning and the car was OK to drive. Later that day I got back in the car and, after noticing the warning light was still on, opted to take a detour back home to check the tire pressure instead of driving to my next appointment several further miles away. Well...I almost made it all the way home before trying to cross a gravel parking lot when the wheel with the low tire hit a raised curb at the entrance of the lot, the metal of the rim contacted the contrete, bending the rim and blowing the seal on the tire. It was late in the day and I knew there was nobody at the rental office at that time, so first thing the next morning I contacted the rental office and was told to bring the car back in. I was then provided a new rental car, and thought everything was fine, until later that day when I got a call from the rental office manger saying I had to pay for the wheel. I explained the rental was not under contract with me, but with the "at-faults" insurance company, but he said that didn't matter because there is a $1000 deductible and the cost was less than that. My position is that I would never have been driving the rental had my car not been totaled by another person, and the wheel of the rental would likely not have been damaged had the tire been properly inflated, which the rental company was made aware of and ignored as previously mentioned. During our last conversation today the rental office manager said he would be sending me an invoice for the repair costs and if I did not want to pay it I could tell that to the magistrate. I don't think I have anythign to worry about because I have a witness to my conversation with the manager when I first noticed the low tire, and that witness heard the manger tell me it was nothing to worry about. I also think I am OK because there is no contract between the rental company and myself, only the rental company and the "at faults" insurer. Am I missing anything? Is there anyone I need to contact about this such as the police, the BBB or an attorney?
AnswerHi John,
Unfortunately, the information I am about to give you is not going to make you happy.
Even though the at-faults insurance company is paying for the rental car it is you that is responsible for the car. It is your name associated with the car and your signature on the contract. As the driver of a rental vehicle, you are completely responsible for any and all damages that occur while the vehicle is in your posession. Even if the vehicle were stolen you would be responsible to the rental car company to pay for the total value of the car. In this case by your own statement, you noticed there was something wrong with the tire. Regardless of what the manager said to you it was your action that lead to the wheel being damaged. In spite of you knowing that the light was on and the tire was low, you still drove off in the vehicle instead of demanding they fix it first or give you another vehicle. Then buy your own statement you hit a curb that damaged the wheel. Again, if you had avoided the curb this would not have happened.
I do understand your point of view, but in this situation you will have to pay for the wheel. If you do not do so they will file suit against you and you will lose in court. Please just pay the invoice.
I hope this helps
Richard Hixenbaugh
