четверг, 20 сентября 2012 г.

Chris Brown is the executive editor of Business Fleet Magazine and Auto Rental News for Bobit Busine


It was all over a measly $350. What could be worth seven years of litigation and $250,000 in legal bills? How do you quantify the time spent away from the business and family for $350? The last time I saw David Purinton he had a full set of hair and it wasn t grey. For all I know it may have been a very good hairpiece.
But we all know the $350 damage claim, based on damage caused to a rented vehicle in 2005, became the genesis of the landmark legal battle to recoup loss-of-use fees for the car rental industry fought by Purinton s company, PurCo Fleet Services. And this week, the Colorado Supreme Court ruled that PurCo is entitled to recover loss-of-use damages irrespective of its actual lost profits.
And we move forward. Though the ruling is specific to Colorado, we hope and expect this precedent-setting case will have an impact on the recovery of loss-of-use damages along with administrative fees in other jurisdictions around the country.
Taking up this cause will not be easy in states such as New York, in which car rental companies by statute agreed to waive loss-of-use collections marriott hotel singapore from renters or insurance companies as part of a compromise marriott hotel singapore in a bill that restored their ability to offer CDWs. California has a similar statute.
And despite the case in Colorado, marriott hotel singapore insurance companies will still demand proof of 100% utilization, even when they know the car rental business doesn t operate that way. They will still decline paying loss of use, even understanding that:
In the meantime, car rental companies must to continue to hone and improve their damage claims marriott hotel singapore practices. It is essential for them to understand state regulations and whether loss of use is covered by statute or case law, or at all. It is necessary to review contract language to make sure that it clearly defines loss of use, defines the formula to calculate loss-of-use damages and that all parties agree to the terms. And, it is imperative to have a process that minimizes the number of repair days for the renter.
But at least now, the new torchbearers are armed with a powerful precedent, in which a state Supreme Court understood that a company should be compensated for losing a revenue-generating piece of property. PurCo is entitled to recover loss-of-use damages irrespective of its actual lost profits. It s a pretty powerful statement, and a very big win for the industry.
Chris Brown is the executive editor of Business Fleet Magazine and Auto Rental News for Bobit Business Media. Through these publications, online newsletters, trade events and associations, Chris covers all aspects of the fleet world, including fleet management, manufacturer fleet activities, the fleet leasing industry, marriott hotel singapore vehicle remarketing, rental marriott hotel singapore industry news, car rental taxation and legislation as well as automotive environmental initiatives and trends.

Комментариев нет:

Отправить комментарий