Hello,
I rented a car from AVIS, chose not to have to Loss Damage Waiver. Well it figures, while driving the convertible top flew open and bent the bars so it wouldn't close anymore. Right away I called AVIS and told them what happened, they said bring the car back.
So, to make a long story short, they want $1529.50 for damages, which I am willing to pay. I explained to them I am in a financial bind and arranged a $20 monthly installments (I was then told the installment plan would only be good for 90 days because then the claim is transferred to another department for further action). Well, after the 90 days can they deny our installment agreement and garnish my wages? The woman in the claims department said that they like their claims paid in full within 3 months of the first letter.
I just really don't want my wages garnished, I don't make good money, and no longer have any credit cards... what do you suggest I do?
Thanks!
frauali

To garnish your wages, they would have to sue you and obtain a judgement against you.

Did you open the top while you had the car? If you didn't, then it may not be your fault that the damage occurred. This is not an accident where your driving was an issue, but with the way they or the previous renter secured the top unless you used it. You may have grounds for fighting the damage.

Thanks Scott.
Yes the top was open when I picked up the car.. it was about 100 degrees out(I was in Las Vegas) so I closed it, after driving about an hour it flew open. I tried to tell them the latches had to have been faulty. I almost crashed off to the side of the road, it was scary. They didn't care about anything since I didn't get the Loss Waiver Damage. I didn't admit to anything on the accident report, all I said I was driving and the roof flew open. I would've said the roof was closed when I got the car, but I was in Las Vegas and figured they [AVIS] probably give the cars to everyone with the top down..

What do you think AVIS can do? Do you think they will take further action and garnish wages even though I am making an effort to pay them?

Well the first thing I would do suggest to them that you should not be held totally responsible. Tell them, that you secured the top and it was only after an hour of driving that it flew off. This seems to indicate that the fault was with the latches that came loose. Don't try to say that you got it closed because they probably have a record of it.

I would try to get them to settle for half the cost payable in installments. If they refuse, I would make them sue you.

Also did you check your insurance coverage?

I did not check with my insurance company because I am afraid it will be counted as an accident, therefore I would accrue MORE insurance points which would cause them to drop me. I tried to call my insurance this morning to ask a question but they demanded my policy info and I hung up.

What happens if I make them sue me? Don't they just 'take' the money from me? Will I have to go to court? I agree with what you're saying. I absolutely don't think I should be held liable for all damages. I didn't take the Loss Damage Waiver because I never thought I would have touble with THE VEHICLE.

When I brought the car back to them the woman said "it obviously flew open because you didnt have it closed correctly" automatically making it my fault

Have you had other incidences that would cause your insurance company to drop you? If not, then one instance is not going to hurt you. After all this is what you pay insurance premiums for.

No they don't just "take" money from you. If they sue you they have to win. If they win, all they get is a judgement against you. They then have to find assets they can attach and use the judgement to make the attachment. Salary is one possibility, bank accounts are another.

I have NJ Manufacturers Insurance. I had an accident last year and got careless driving which made my eligibility points go up so that brought me into a whole other tier. Any more points I will be dropped, according to my renewal letter. I am afraid that NJManufacturers will see this mishap in Las Vegas as my fault and give me more points.

Do you think I have a chance disputing the claim amount with Avis? I mean it can't hurt, right?

The only issue is whether you can get the case tried in NJ instead of Vegas. If you can, then I think you stand a decent chance of getting at least some of the liability removed.

I also have a problem with insurance companies that don't provide insurance. But that's a different topic.

Well I do know that I am now dealing with the offices in Parisppany NJ.


Thank you so much for your advice. You're really being a big help. I know nothing about this stuff, and truly appreciate your time.