Will that argument be successful

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Bob owns a 15 year old Toyota Corolla. The vehicle was badly damage in a collision with a car owned by Linda. Bob took his car to an auto body shop for repairs, and was charged $5,000.00 to restore the Toyota to its prior condition. Linda admits that the accident was entirely her fault and there is no doubt that she is liable in negligence for at least the cost of the repair - $5,000.00. While the Toyota was being repaired, Bob required a vehicle to get to work. However, because Bob has a very bad credit history and was unemployed until very recently, he was unable to pay for a temporary replacement vehicle with existing funds, borrowing money or using credit. Instead he was compelled to use the services of Dead Beats Rentals (DBR). Unlike other car rental agencies, DBR operates a special service under which it provides replacement vehicles, to people like Bob, without immediate charge. It instead receives payment only after its customer has successfully sued the person for the accident. However, while DBR postpones payment, it charges an additional fee for that valuable service. Is Linda liable for that fee, in addition to the usual cost of the car rental? What is her best argument against liability? Will that argument be successful?

Reference no: EM133362222

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