Georgia Court Awards $16,318.77 in Car Rental Dispute

Avis Rent A Car System, LLC filed a lawsuit against a renter and a third-party driver following a July 20, 2018, car accident. The rental car, driven by the renter, was involved in a collision caused by the other driver, who subsequently received a citation for failing to obey a traffic device. The renter had declined Loss Damage Waiver insurance when entering the rental agreement. Avis sought $15,823.50 in damages for the vehicle, along with pre-judgment interest, attorney fees, and litigation costs. Another individual associated with the third-party driver was dismissed from the suit as no specific claims were brought against him.

The defendants were served with the complaint in May 2022 but did not file a response, failing to cure the default within the legally allowed period. Avis subsequently filed a motion for default judgment, which the court granted on September 26, 2022. The court found the third-party driver liable for negligence. The renter was found liable for breach of contract, despite not causing the accident, due to having declined the loss damage waiver.

Applying Georgia's apportionment statute, the court allocated the total damages of $16,318.77, which included actual damages and court costs. The third-party driver was held liable for 80% of the damages, totaling $13,055.02. The renter was held liable for 20% of the damages, amounting to $3,263.75.