A car rental companyโs inaccurate theft report often leads to a wrongful arrest. Hertz, Avis and Enterprise are all rental companies that have faced claims tied to false theft reporting.
An arrest tied to a rental companyโs error may support a civil claim separate from any criminal case in a rental car wrongful arrest lawsuit.
Contact Nadrich Accident Injury Lawyers or call us at (800) 718-4658 for a free case evaluation to review your rental and arrest records and navigate possible legal options.
Key Takeaways
- Rental companies such as Hertz, Avis and Enterprise have acknowledged filing thousands of vehicle theft reports against paying customers.
- A wrongful arrest tied to a false theft report can support claims for false imprisonment, malicious prosecution or negligence in a civil lawsuit.
- Common causes of wrongful arrests related to rental cars include unrecorded rental extensions and unresolved reports from a prior renter.
- California law sets short filing deadlines for civil claims, so acting quickly protects your legal options and evidence related to your case.
Table of Contents
- Who May Have a Rental Car Wrongful Arrest Case?
- What Causes Rental Car Companies to File False Theft Reports?
- Steps to Take Immediately After a Wrongful Rental Car Arrest
- Evidence to Save for a Rental Car Wrongful Arrest Claim
- Who Can Be Held Liable for a Wrongful Rental Car Arrest?
- Suing After a Wrongful Arrest When Criminal Charges Were Never Filed
- What Compensation May Be Available After a Wrongful Arrest?
- How Long Do You Have to File a Rental Car Wrongful Arrest Claim in California?
- Contact a Rental Car Wrongful Arrest Lawyer Today
Who May Have a Rental Car Wrongful Arrest Case?
Wrongfully arrested individuals may qualify for a wrongful arrest claim. Wrongful arrest related to rental cars may be established through inaccurate theft reports, and compensation may be awarded based on legal costs, emotional distress or legal costs connected to the arrest, among other damages.
You may qualify for a claim if any of the following events took place:
- A rental company reported your car stolen after you extended, returned or paid for the rental.
- Police detained, arrested or jailed you based on a rental companyโs inaccurate theft report.
- A theft report was later corrected, withdrawn or contradicted by a rental companyโs own records.
- Charges against you were dropped, reduced or dismissed after a rental report error came to light.
- You experienced lost wages, legal costs or emotional distress connected to a wrongful arrest or detention.
What Causes Rental Car Companies to File False Theft Reports?
Administrative and database errors are one common cause of false theft reports filed by rental car companies. For example, a renter might call to extend a rental agreement, but then the extension is never logged into the companyโs system due to an employeeโs mistake.
Another example would be if a previously stolen vehicle is re-rented when the original police report was never canceled. Unresolved records tied to a previous renterโs conduct could wrongly follow the next customer who rents the same vehicle.
Hertz, Avis, Thrifty and Dollar have all faced claims tied to false theft reporting practices. Hertz has acknowledged in court filings that it files an average of 3,365 police reports each year alleging a customer stole one of its rental cars, some of which led to Hertz wrongful arrest cases.
Racial profiling has also been cited as a factor in some documented wrongful arrests, including arrests involving rental cars. An attorney can help you navigate your legal options based on the unique facts of your wrongful arrest case.
Steps to Take Immediately After a Wrongful Rental Car Arrest
There are several steps you should take after a wrongful rental car arrest in California to protect your legal rights:
- Contact a criminal defense attorney right away if formal charges have been filed against you.
- Request a copy of both the police report and any theft report that the rental company has submitted.
- Avoid signing settlement or release paperwork from the rental company without legal review from your attorney.
- Document the arrest timelines, including your dates of detention, any court appearances and any bail or bond paid.
A personal injury attorney may be able to assist you with filing a civil wrongful arrest claim separate from any criminal case.
Evidence to Save for a Rental Car Wrongful Arrest Claim
You should save all evidence related to your arrest, including the complete rental agreement as well as any extension confirmations or receipts. Photograph or screenshot any account or application records that show the rental was active or paid. Additionally, preserve emails, texts and call logs showing any contact you had with the rental company about the vehicle.
Keep the police report, booking documents and any court records tied to your arrest. Expenses tied to the arrest, such as lost wages and treatment costs tied to police brutality or similar incidents, should also be documented.
Who Can Be Held Liable for a Wrongful Rental Car Arrest?
A rental company could be held liable for negligence, false imprisonment or malicious prosecution when it gives police inaccurate information. Liability generally depends on whether the company knew or should have known the theft report was inaccurate before filing it.
Many wrongfully arrested renters are investigated or charged under California Vehicle Code Section 10851, the stateโs unlawful vehicle taking statute. Law enforcementโs role in carrying out such an arrest is evaluated separately from the rental companyโs reporting conduct.
A civil claim against a rental company follows a different legal process than defending against the underlying criminal charge and can be filed separately as a result.
Suing After a Wrongful Arrest When Criminal Charges Were Never Filed
Many victims may not know how to sue a rental car company. Criminal charges do not need to be filed for a civil claim against a rental company to move forward. An arrest or detention based on a false report can support a false imprisonment claim by itself.
Charges being dropped before trial does not erase the harm caused by your arrest or detention. The absence of a conviction also does not weaken a claim built on the rental companyโs reporting error.
What Compensation May Be Available After a Wrongful Arrest?
Compensation in a wrongful arrest lawsuit may address lost income, legal defense costs and the emotional impact of an arrest or detention, depending on the facts and consequences of the arrest.
Hertz agreed to pay $168 million to resolve 364 claims from customers who said the company falsely reported their rental cars as stolen. This amount represented more than 95% of its pending claims at the time.
Damages for a wrongful arrest lawsuit are assessed individually based on the facts of a case, such as the length of detention, whether formal charges were filed and the arrestโs impact on employment or reputation. Past settlements involving other rental customers do not predict the outcome of a new claim.
How Long Do You Have to File a Rental Car Wrongful Arrest Claim in California?
California generally allows one year to file a false imprisonment claim under California Code of Civil Procedure Section 340(c). Claims based on malicious prosecution may be included under the two-year personal injury period in California Code of Civil Procedure Section 335.1.
Missing a filing deadline can permanently bar a claim, regardless of its underlying merit. Acting quickly also helps preserve rental agreements, police reports and other records tied to the arrest.
Contact a Rental Car Wrongful Arrest Lawyer Today
Seeking prompt legal guidance protects both your filing deadline and the evidence needed to support any legal claim in a rental car wrongful arrest lawsuit.
A free case evaluation can help determine which legal claims may apply to your case. Bring rental agreements, police reports and court records to your initial consultation for attorney review.
Call (800) 718-4658 to speak with a member of our legal team about a rental car wrongful arrest claim. Our personal injury team helps clients recover compensation after wrongful arrests and other personal injury incidents.
FAQ
Can a Rental Car Be Reported Stolen?
Yes. A rental company can report a car stolen at any time it believes the vehicle has not been returned or that the rental agreement has lapsed. These reports are sometimes filed in error due to internal database issues rather than an actual theft.
How Long Before a Rental Car Is Reported Stolen?
Rental companies do not follow one fixed timeline before filing a theft report. Some reports have been filed for vehicles that were extended, already paid for or still within the agreed return window, which is part of what makes many of these reports legally challengeable.
How Do You Sue a Rental Car Company?
Suing a rental car company generally starts with identifying the legal claim, such as false imprisonment, malicious prosecution or negligence, that fits the circumstances of the arrest. An attorney familiar with rental car cases can help gather rental records, police reports and court documents needed to support the claim before a filing deadline passes.
