Home Forums New York Motorists Issues speeding ticket in rental car in New York

This topic contains 14 replies, has 6 voices, and was last updated by  ben1381 4 years, 2 months ago.

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  • #176589760

    Anonymous

    I had the following situation and want some opinions. I had a reservation to pick up a rental car at 7:30 AM August 14,2013. Nobody showed up at the rental car place until after 8AM for any good reason. I needed to get to a 10AM meeting in Albany about two hours and 15 minutes from the rental car place. I was kind of rushing because of my lateness and I was stopped on the NYS Thruway for speeding. I want opinions on whether I can attempt to hold the rental car company fully or partially financially responsible for the speeding ticket since they breached my contract by opening late. Any comments on this overall situation would be appreciated. Thank you.

  • #176592007

    Anonymous

    No judge will take you seriously using that as an excuse for the speeding ticket.

    After paying the ticket, you could sue the rental company for breach. It’d be a hard sell. An attorney with expertise could say much more. The law doesn’t always make sense, so there may be a way here. Try for a free consult over the phone for traffic ticket.

    However, my take would be that you can’t break the law because of someone else’s actions. So somehow, that would get it thrown out. In other words, speeding was completely your choice. You didn’t need to speed. The consequence they could be responsible for is whatever you’d lose by not making it to your appt on time.

    Can’t think of a good example. But let’s say you punched out someone in order to solve a breech of contract by someone else… there’s no way anyone would be responsible for your fine and sentence. A traffic violation is the same. You aren’t justified in taking action that violates law, so no one pays for your jail sentence or in this case, fine. (Even if speeding is a minor violation.)

    Now you can sue for the cost of your rental, and whatever not being on time would have cost you. Still they’d get some of the rental cost.

    Better path is a BBB report and ask for free future rental, or money back. And a ripoff report online afterward. So either others will avoid them, or they’ll clean up their business act. In the future if you need early rentals, call the shop at the time you’ll pick up on previous days – to check if someone is REALLY there. I’ve tried that and discovered who’s flyers were accurate — and who wasn’t open during their open hours.

  • #176597413

    sunshine
    Participant

    No judge will take you seriously using that as an excuse for the speeding ticket.

    After paying the ticket, you could sue the rental company for breach. It’d be a hard sell. An attorney with expertise could say much more. The law doesn’t always make sense, so there may be a way here. Try for a free consult over the phone for traffic ticket.

    However, my take would be that you can’t break the law because of someone else’s actions. So somehow, that would get it thrown out. In other words, speeding was completely your choice. You didn’t need to speed. The consequence they could be responsible for is whatever you’d lose by not making it to your appt on time.

    Can’t think of a good example. But let’s say you punched out someone in order to solve a breech of contract by someone else… there’s no way anyone would be responsible for your fine and sentence. A traffic violation is the same. You aren’t justified in taking action that violates law, so no one pays for your jail sentence or in this case, fine. (Even if speeding is a minor violation.)

    Now you can sue for the cost of your rental, and whatever not being on time would have cost you. Still they’d get some of the rental cost.

    Better path is a BBB report and ask for free future rental, or money back. And a ripoff report online afterward. So either others will avoid them, or they’ll clean up their business act. In the future if you need early rentals, call the shop at the time you’ll pick up on previous days – to check if someone is REALLY there. I’ve tried that and discovered who’s flyers were accurate — and who wasn’t open during their open hours.

  • #176592008

    Anonymous

    Thank you very much.

  • #176597414

    ben1381
    Participant

    Thank you very much.

  • #176592013

    Anonymous

    Your welcome. Good luck.

    I’ll add that as a partial explanation of why you were in a hurry — it’d sound better than “I just wanted to speed”…. So it very well might get some sympathy from the judge for a reduction to lowest points and 10 miles cover.

    Make sure to check the if the ticket is filled out correctly. A minor typo won’t do anything. I have seen one where the police was tired, and mistaken about the speeding, and miswrote everything on the ticket from car color to direction of travel.

  • #176597419

    sunshine
    Participant

    Your welcome. Good luck.

    I’ll add that as a partial explanation of why you were in a hurry — it’d sound better than “I just wanted to speed”…. So it very well might get some sympathy from the judge for a reduction to lowest points and 10 miles cover.

    Make sure to check the if the ticket is filled out correctly. A minor typo won’t do anything. I have seen one where the police was tired, and mistaken about the speeding, and miswrote everything on the ticket from car color to direction of travel.

  • #176592025

    Anonymous

    The New York BBB as of now claims my concerns “are outside their jurisdiction” and refuses to present my complaint to the business.

  • #176597431

    ben1381
    Participant

    The New York BBB as of now claims my concerns “are outside their jurisdiction” and refuses to present my complaint to the business.

  • #176592016

    Anonymous

    I agree with Sunshine, I don’t think any judge will be sympathetic. Apparently, you were speeding, and that was your choice, regardless of if the rental agency de-railed your schedule. Not want to sound judgemental at all- I’ve had my share of making mistakes and consequences of them. But maybe next time someone makes you late for a commitment….and it will happen again!….you can consider just calling the destination and explaining why you are running late, but that you are on your way.

    Having said that, here are a few suggestions:

    1. Fight the ticket, even if it is inconvenient. Speak to the DA prior to your court date, and explain what happened. They could possibly put in a good word with the policeman and/or judge. Its possible that there is an error on the paperwork, or that the judge would give you a dismissal based on (if) you have a prior clean record.

    2. Is possible that the speedometer is faulty. I once got a speeding ticket where my equipment was truly faulty…. on the day of my ticket, all three of my gauges had started flat-lining intermittently. I was trying to stay with the flow of traffic, but turns out I was going 8 mph over the limit. I was out of my state, and I realize most cops target out-of-towners, assuming the person will just pay the fine and move on. I knew for a fact my equipment was incorrect, so I had it checked and replaced by a licensed mechanic. Presented it in court (yes, I returned to that state to address the ticket.) It was dismissed.

    3. If BBB refuses to help, I would still write to the owners of the rental place, and explain what a hardship the employee’s failure caused you. If nothing else, someone will have to deal with reading and responding to your letter. You can also put a note on their blog or review site. Don’t be nasty, just state in black & white what happened and how it affected you.

  • #176597422

    Wanttosucceed
    Participant

    I agree with Sunshine, I don’t think any judge will be sympathetic. Apparently, you were speeding, and that was your choice, regardless of if the rental agency de-railed your schedule. Not want to sound judgemental at all- I’ve had my share of making mistakes and consequences of them. But maybe next time someone makes you late for a commitment….and it will happen again!….you can consider just calling the destination and explaining why you are running late, but that you are on your way.

    Having said that, here are a few suggestions:

    1. Fight the ticket, even if it is inconvenient. Speak to the DA prior to your court date, and explain what happened. They could possibly put in a good word with the policeman and/or judge. Its possible that there is an error on the paperwork, or that the judge would give you a dismissal based on (if) you have a prior clean record.

    2. Is possible that the speedometer is faulty. I once got a speeding ticket where my equipment was truly faulty…. on the day of my ticket, all three of my gauges had started flat-lining intermittently. I was trying to stay with the flow of traffic, but turns out I was going 8 mph over the limit. I was out of my state, and I realize most cops target out-of-towners, assuming the person will just pay the fine and move on. I knew for a fact my equipment was incorrect, so I had it checked and replaced by a licensed mechanic. Presented it in court (yes, I returned to that state to address the ticket.) It was dismissed.

    3. If BBB refuses to help, I would still write to the owners of the rental place, and explain what a hardship the employee’s failure caused you. If nothing else, someone will have to deal with reading and responding to your letter. You can also put a note on their blog or review site. Don’t be nasty, just state in black & white what happened and how it affected you.

  • #176592037

    Anonymous

    Good ideas from wanttosucceed.

    For the BBB, they should take a complaint that the rental company didnt’ meet their commitment. Once you add the speeding ticket, they’ll run away from it since they won’t want to defend speeding. So file with only the actual legal complaint — that the company didn’t show up as committed and that made you late. Maybe try that?

    When you speak to the DA, if you’re admitting guilt (i.e. that you sped), then sound contrite and responsible for the ticket entirely. “Rental company was wrong but you messed up by speeding.” As soon as you solely blame it on them, you’ll get no sympathy. If you want to claim innocence, then don’t admit guilt in any way, or you’ll be found guilty automatically.

    Writing or calling their headquarters may work to at least make them aware. Good luck with it all!

  • #176597443

    sunshine
    Participant

    Good ideas from wanttosucceed.

    For the BBB, they should take a complaint that the rental company didnt’ meet their commitment. Once you add the speeding ticket, they’ll run away from it since they won’t want to defend speeding. So file with only the actual legal complaint — that the company didn’t show up as committed and that made you late. Maybe try that?

    When you speak to the DA, if you’re admitting guilt (i.e. that you sped), then sound contrite and responsible for the ticket entirely. “Rental company was wrong but you messed up by speeding.” As soon as you solely blame it on them, you’ll get no sympathy. If you want to claim innocence, then don’t admit guilt in any way, or you’ll be found guilty automatically.

    Writing or calling their headquarters may work to at least make them aware. Good luck with it all!

  • #176592045

    Anonymous

    Without actually reading the last two posts I did contact Enterprise headquarters and received a phone call and I tried to return the call today but got a voicemail. I am waiting for a response and I am also waiting for a court date on the ticket. Apparently in Orange County DAs do not handle traffic infractions but apparently an attorney for the town does and it sounds like they won’t negotiate over the phone. When I got a speeding ticket in Jefferson County in the north country in 2007 the DA did handle the case and I reached a plea bargain by mail. I’ll keep everyone posted on what happens next.

  • #176597451

    ben1381
    Participant

    Without actually reading the last two posts I did contact Enterprise headquarters and received a phone call and I tried to return the call today but got a voicemail. I am waiting for a response and I am also waiting for a court date on the ticket. Apparently in Orange County DAs do not handle traffic infractions but apparently an attorney for the town does and it sounds like they won’t negotiate over the phone. When I got a speeding ticket in Jefferson County in the north country in 2007 the DA did handle the case and I reached a plea bargain by mail. I’ll keep everyone posted on what happens next.

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