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Family Accepts Settlement for San Diego Car Rental Fiasco

Kit Yona, M.A.

Article by: Kit Yona, M.A.

Legal Writer

Reviewed by Joseph Fawbush, Esq. | Last updated on

Travel gives us the chance to expand our horizons and visit places that are new and exciting, or perhaps familiar and comfortable. Whether for work or part of a family vacation, trips away from home offer the opportunity to have experiences that can indeed last a lifetime. That being said, it’s doubtful that being pulled over by the police, held at gunpoint, and handcuffed for suspicion of auto theft will get a page in a happy memories scrapbook.

Such was the case in 2023 for Sheena and Cole Burie, who found themselves restrained and held by police officers in Oceanside, California, for what turned out to be a mistake by a car rental company. After some contentious finger-pointing and name-calling, the Buries filed a civil lawsuit against Payless Car Rental, claiming negligence and emotional distress. The case began on October 7, 2025, but shortly after opening arguments, the two sides agreed to a $350,000 settlement.

Body camera footage from an Oceanside Police Department officer indicates that law enforcement did everything possible to treat the Buries as respectfully as possible during the traffic stop. However, Sheena claimed that the fallout from the incident took a toll on the mental health of both her and Cole, ultimately leading to their ensuing separation and divorce. That’s probably not what the pair had in mind when planning a family vacation on the West Coast.

A Visit to Jail Wasn't on the Itinerary

As is sometimes the case, the Buries planned a vacation around work. Sheena, a nurse, flew out to San Diego from her home state of Wisconsin for a few days on a job before being joined by the rest of the family. Sheena had picked up a rental car on her arrival from Payless Car Rental, but it wasn’t running well by the time Cole and the others arrived. Payless provided a replacement, which was the beginning of a different kind of difficulty.

The minivan given to the Buries ran better than its predecessor, but it had another issue. The previous renter had returned it late and somehow hadn’t been checked in by the Payless staff. This meant it was reported as stolen to law enforcement in San Diego County.

After dropping their daughter off at a mall, the Buries’ rental minivan was clocked by a camera in Oceanside and identified as a stolen vehicle. This led to several police vehicles converging on the Buries and exercising the level of caution employed when confronting alleged auto thieves. The couple was ordered to slowly remove themselves from the minivan while under gunpoint from multiple officers. Both were handcuffed, with Sheena placed in the back of a police cruiser while her husband sat on the front bumper.

Exacerbating the stress and confusion was the revelation that the rental paperwork had somehow gotten lost in the shuffle and wasn’t in the minivan. It took around 30 minutes for the officers to contact Payless Car Rental and confirm that, indeed, the Buries were not car thieves. They were then released from the “crime scene.”

Didn’t Request the Real-Life “Grand Theft Auto” Experience

Payless Car Rental refunded the Buries’ rental fees and offered “multiple apologies,” but told a San Diego news station that Sheena Burie hired an attorney and threatened lawsuits unless she received compensation. A civil complaint was finally filed, but the two sides reached an agreement shortly after it began.

As unsettling as the Buries’ experience was, it’s perhaps more disturbing to discover that it’s not an isolated case. The car rental giant Hertz paid $168 million in 2022 to settle lawsuits brought by customers who were also accused of driving stolen vehicles due to mistakes made by the company. It’s a good reminder to keep your rental agreement nearby in case a car theft task force threatens to ruin your next vacation.

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