I recently called a driver for a friend for a return trip to my house. He is a local bar owner and went to grab another pony keg to return to the house. This was approximately 1030pm. The driver took photos at 120am and filed a claim through the company around 230pm the next day, claiming that the passenger caused heavy scratch damage to his rear bumper. No police report was filed and my friend absolutely denies that the keg was anywhere near the trunk b/c it made sense only to place the pony keg in his lap, not roll around in the trunk of a car. Regardless, I was assessed a damage fee by The company. After a lengthy email exchange pointing out the questionable timing of the claim as well as the problematic factual assertions, the company stated that the decision was final. I want to take this matter to small claims court. I assuming the company is indemnified but I do have the ability to take the driver to court. Just want to know what my next steps should be.
Small claims courts hear claims for money, and you have no claim. You are disputing a claim against you, which is not the same thing. Don't pay them if you disagree with them. All you did was to order the car. If they charge your credit card, dispute the charge with your credit card company. COntact a coonsumer rights lawyer if you don't get satisfaction.
This seems like a dispute between you and the company, not you and the driver. I don't see any legal claim you could have against the driver for this. It is the company, not the driver, that assessed the fine.
You can only sue the company if you have suffered a financial loss from their actions. My normal assumption would be that this hasn't happened yet - that they may have decided to charge you a fine, but there's no claim until you pay it. In that case, the burden would be on them to sue you, not the other way around, if they wanted to force the issue. However, if they automatically deducted the money from your credit card on file with them, then that could be a basis for a suit. Whether it's worth pursuing depends on the amount of the fine, among other things. Lawsuits are not free, either in time or money. The filing fee for a small claims case is about $50. You can recover these costs if you win - IF you win - but there is also the value of your time to consider. You have to take time off of work to appear in court and handle the case, and those costs are not compensated. So you have to weigh all these factors in mind when deciding whether to take legal action.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline