Driver Sues Avis After Claiming They Wrongfully Reported Her Rental as Stolen

Being wrongfully arrested over a vehicle that was legally rented has been an issue in recent years, with Hertz attracting a lot of negative attention. Now, KTLA reports that a woman is suing another car rental company, Avis, over being wrongfully arrested after the company reported her rental car stolen.

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Ramona Gutierrez went to Avis on March 22 to rent a vehicle after her own vehicle broke down and had to go into a repair shop. Her vehicle was vital, as she has been driving for Uber for the past six years, telling KTLA that she has a five-star rating. She says she was able to rent the vehicle from Avis without any issues and drove off to continue her day. She was using the rental to continue to drive for Uber while her car was being fixed, something she says was cleared and approved by Uber. Her problems however would start a short time later.

Gutierrez says as she made her way to a local freeway she was pulled over by no less than six L.A. County Sheriff’s deputies. Gutierrez’s attorney, Hugo Ivan Salazar, of the Salazar Law Group, says that the deputies all got out of their vehicles with their guns drawn and ordered her to the ground. He says she attempted to explain herself but the deputies didn’t listen.

“She was humiliated and embarrassed by the incident and suffered physical and emotional distress as a result. This experience has left her shaken and traumatized, and she is now seeking compensation for her injuries and emotional distress,” Salazar Law Group said in a statement to KTLA. Gutierrez says that while crying and distraught, she was confused about what exactly was happening. She says she only learned that Avis had reported the rental stolen “much later”.

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Gutierrez is now suing Avis over the arrest. She claims that she received injuries from the arrest on her wrists due to the handcuffs. She also hasn’t been able to go back to work driving for Uber, as she says she’s been left shaken from what happened nor has she received an apology from Avis. “It’s been hard for me to drive,” she told KTLA.

While the sheriff’s department response might have been overzealous, Gutierrez may have been in the wrong with how she was using her Avis rental, as it appears she may have been in violation of Avis’ rental agreement.

Avis’ rental agreementScreenshot: Avis

Scanning the rental agreement, you’ll come to part 14 which is titled “Prohibited Use of the Car”. Under subsection A, its in the first sentence: “…you use or permit the car to be used: 1) by anyone other than an authorized driver, as defined in paragraph 5; 2) to carry passengers or property for hire…”

This section could mean that Avis was within their right to report the vehicle as stolen. And according to that agreement, any violation listed in the paragraph of that section terminates the rental.

Still, Gutierrez said she got approval to use the rental from Uber, a different complication. Uber doesn’t say that drivers can’t use a rental to drive for them. If you do, they suggest you use a vehicle that’s part of an “approved partnership.” These are vehicles that, according to Uber, “have been specifically designated and insured by our rental partners to ensure that you’re not in violation of a rental contract.” These approved partnership vehicles are listed on a marketplace for drivers that lists vehicles by size class and price per week. Checking this marketplace shows vehicles listed from rental companies, including Avis.

Whatever is going on here, things aren’t totally adding up. But Gutierrez and her lawyer just want to make sure Avis is held to account. “Ramona’s experience serves as a reminder that corporations have a responsibility to ensure the safety of their customers, and they must be held accountable when their negligence results in harm,” Salazar said. KTLA reached out for comment from Avis and has so far received no response.