Have you ever had one of those days when you felt like a character in a novel? Betty Caldwell had one of those recently, but the novel her character was in seemed to have been written by Stephen King.
Caldwell rented a Chevrolet Cruze from Dollar Rent A Car, a subsidiary of The Hertz Corporation, and parked it in the parking lot of a motel where she was staying. What she says happened next could start a great plot line:
I parked the Chevy Cruze in the motel parking lot, which is on a slope. I placed it in “park” and turned it off. I got out and locked it. Then the car spontaneously started to move forward, up the slope. I feared it was going to crash into a window of the motel. It stopped when it came to the asphalt curb on the edge of the lot.
I can’t imagine the confusion I would feel as my car turned itself on and started moving on its own. I would probably look around for cameras, wondering if Candid Camera had been revived. But that wasn’t the end of the car’s possession:
As it was sitting still, I opened the door to make sure it was still in “park” and turned off. Standing beside the car, with the open door behind me, I realized the car had started rolling backward, picking up speed as it moved. With the open door at my back, I could not simply stop or step out of the way, and ran beside the car until I fell and was dragged for 10-15 feet as the car moved into the road. It turned and stopped when it hit the curb.
Caldwell says the motel management called emergency services for her. She suffered abdominal abrasions and bruised ribs, knees, arms and legs. Her down jacket was ruined.
After the incident, Caldwell told Dollar that the “electronic ignition system spontaneously started the engine with no intervention on my part,” and asked Dollar to reimburse her for the rental, the amount she paid for the emergency services call and first aid supplies, plus the cost of her down jacket. The total she requested from Dollar was $948.
The company refused to take Caldwell’s word that there was something wrong with the car and wanted proof that the spontaneous movement wasn’t caused by user error or negligence. But Caldwell didn’t have proof.
When emergency personnel were called to the motel the police were not called. Caldwell says this decision was made because there was no damage to the car or to other property, and no reports were made.
But there were injuries, which usually prompts a call to police long before car damage.
Without a police report, Dollar was skeptical about Caldwell’s claim that the car moved on its own, and it offered her another option for confirming her claim. If Caldwell wanted to pay to have the car inspected by mechanics, the company would reimburse her for the cost of the inspection and pay her claim if the mechanics were able to confirm that there was a problem with the car.
Caldwell refused, and contacted us for help. She told us that Dollar “is responsible for providing safe cars and addressing any mechanical problems, and that it was not up to me to assume that responsibility.” She also told us that she has been faced with hard-to-diagnose mechanical problems on her personal car in the past, which also made her reluctant to pay to have the car inspected.
We asked Caldwell the same questions that Dollar asked her: whether she had a police report or any other proof that there was something wrong with the vehicle. Obviously, she didn’t. She wanted Dollar — and us — to take her word for it. She said, “I would give more weight to the actual experience and subsequent injury, witnessed by a number of people, than to the chance of finding a definitive mechanical issue on a given day in a small town with limited resources for car repairs.”
The problem with the claim that the incident was “witnessed by a number of people,” is that she never claims that any of these people were with her when she turned off the car and put it into park. I have no doubt they saw the car move, but she provides no proof that the car was the problem.
I did a quick Google search on problems with the Chevrolet Cruze. The majority of complaints date back to 2011 or earlier, but none are related to this problem: the car spontaneously starting on its own. If it had been an ongoing, recurrent problem that had previously been documented, Caldwell might have had a case even though she never had this car inspected and didn’t file a police report.
She could have reached out to the Hertz contacts we list on our site (The Hertz Corporation is Dollar’s parent company), but I don’t think she would have any better luck with the executives, in absence of any verifiable proof.
While we are very sorry for Caldwell’s injuries and hope she feels better soon, we can’t help her with this case, and we’ll have to close this novel without a “happily ever after.”