While your driver did something that should have resulted in her receiving a traffic citation, what would be the basis for you to sue her? You have not indicated that you experienced any damage. You should simply have told her to stop texting and that would've been the end of it. You can still report her to the manager at Enterprise. It will be up to the company how, if at all, to discipline her
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You have not sustained any recoverable damages- you can't sue for bad customer service. Therefore you cannot bring any claim against the driver or her employer. You should complain to enterprise for the drivers improper texting so an accident does not happen next time and hopefully the driver will stop texting and driving.
Complain to corporate. You sustained no injury so there's no legal remedy v
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You could have brought it to her attention, or removed the risk by asking her to pull over so you could get out of the car. Reporting the situation to the corporate office may help prevent this in the future.
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Although her conduct was perhaps negligent and perhaps in violation of traffic laws, it does not appear that you suffered any damages--accordingly, any potential lawsuit would surely fail. Contact her supervisor and report what happened....maybe you'll a free rental.
San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy
While this was idiotic and dangerous behavior, thankfully you and your son sustained no harms or losses. As my colleagues suggest, complain to her superiors