Damage Recovery Unit not response to my request for information
Complaint
tmacdona
Country: United States
I had a car rental through my insurance company as my vehicle was in an accident. I had the rental vehicle 2 weeks and returned the vehicle to the body shop. (the body shop is allowed to accepts the cars as a convenience). I get a letter a few weeks later saying there was hail damage on the vehicle and that I would be getting a bill from the Damage Recovery Unit.
A few weeks after that I get a bill for my deductible and some documentation showing damage. What I got was a photo-copied picture that was all grey and did not show any damage. The other piece of information I got was a dollar amounts listed on an invoice from haildamage.com.
They said that they wanted payment in 10 days. I had written a letter to the Damage Recovery Unit asking for more/better information. I never said that I was not going to pay but the information that was originally provided was sketchy at best.
I was just contacted by a collections agency about the amount owed. I find this business practice to be appalling! I have rented from Enterprise for many years. All I wanted was more information about the damage before I write them a check. I have not heard anything from Enterprise so now it looks like my credit will be damaged no matter what because it went to collections! Way to go Enterprise!
A few weeks after that I get a bill for my deductible and some documentation showing damage. What I got was a photo-copied picture that was all grey and did not show any damage. The other piece of information I got was a dollar amounts listed on an invoice from haildamage.com.
They said that they wanted payment in 10 days. I had written a letter to the Damage Recovery Unit asking for more/better information. I never said that I was not going to pay but the information that was originally provided was sketchy at best.
I was just contacted by a collections agency about the amount owed. I find this business practice to be appalling! I have rented from Enterprise for many years. All I wanted was more information about the damage before I write them a check. I have not heard anything from Enterprise so now it looks like my credit will be damaged no matter what because it went to collections! Way to go Enterprise!
Comments
What does you insurance company say?
They have insurance adjusters who can look at cars and refute damage claims.
They also have access to data on fraudulently filed claims, and share that information with other insurers.
What's this "haildamage.com", that sent you an invoice?
The website appears to be a roofing company.
What's a roofing company doing sending you an invoice for hail damage to a car?
Or what's a car rental company using a phony name actually used by a roofing company to send suspicious invoices for hail damage? What's the full name and address on this invoice?
What collection agency?
What are they billing you for? The deductible, and your insurance company has paid the rest?
Or are they billing for some amount beyond your deductable, haven't settled with your insurance company, and are trying to just go around them and bill you directly, through this collection agency?
If so, it sounds like your insurance company has rejected their claim, maybe for reasons suggested above, the same reasons that raised your suspicions.
What does your insurance company say?
What does the repair shop say?
http://mythreecents.com/reviews/enterprise
Does this sound familiar? You can find lots of similar complaints via Google.
It looks like a game they play when cars are dropped off without being turned directly over to an employee.
Note that although the insurance company rejected the claim, finding no damage, they are now trying to "collect" on an amount that just happens to be the deductable, even though they got no money out o the insurance company. The insurance company refused to pay because they found no damage, but of course they have a duty to defend if you were sued.
Looks like they are trying to price this "settlement" at the deductable, hoping the sucker will take it thinking if the insurance company settled rather than going to court, they would be stuck with that amount anyway. In other words, this is a "nuisance" claim.
http://boards.straightdope.com/sdmb/showthread.php?t=667968
"...
10-07-2012, 02:22 PM
Nonsuch
Member Join Date: Jul 2003
Location: Chicago, IL, USA
Posts: 1,915
Dispute with rental car company; could use perspective
--------------------------------------------------------------------------------
So here is the situation in a nutshell. Wife and I rented a car earlier this summer from Enterprise. Drove car without incident (it actually spent most of the time in a parking garage). Return home and Enterprise is claiming we brought the car back with hail damage, which is, in a word, a crock of [***]. I reported their claim to my insurance company (I have coverage for damage to rental cars). Enterprise claimed $1,000 in damage to the car.
Insurance company came back and said Enterprise offered no evidence that a hailstorm had happened (because it didn't) and no specifics as to what the damage was. They told me (and them) they weren't paying it and that I was not liable for it.
Despite this, Enterprise has continued to contact me demanding money. They figured out my deductible amount ($250) and are demanding I pay that or else a collection agency gets involved.
My questions:
- Does Enterprise have any legal standing to demand money from me if my insurance company denied their claims?
- Even if insurance had agreed to pay, wouldn't I pay my deductible to them, not Enterprise?
What is sticking in my craw here is that the whole "just pay us your deductible directly" angle feels perilously close to attempted fraud or extortion —an underhanded attempt to get me to pay money I am not liable to pay. I am writing a detailed response to Enterprise (and plan to copy the Attorney General's office as well as my alderman) but I'm not sure if I'm on firm ground with this quasi-fraud thing.
Any insights appreciated! Thanks Dopers.
..."
Also note, just because they demand money, doesn't mean you owe it. They first demanded more, your insurance company stepped in, and they backed off to what they thought they could get off of you, and aren't even bothering with your insurance company. Now they are trying to use this threat of a "collection agency", implying "credit damage" (that's what you are afraid of, and that is intentional) to shake this nuisance claim out of you.
Talk to your insurer, and see if they can just step in as "representing" you in all settlements regarding this matter. Might require them to talk only to them, which defeats their attempt to BS you.
Also, who "fixed" the car? Or are they even claiming it was fixed? What are they billing for, "repairs" or loss of rentals? Or did you have insurance coverage, and "collision damage waiver", and they are trying to evade coverage you paid them for?
Also, pull your credit reports, and see if this collection agency was stupid enough to pull one of them. They might have violated FCRA through no permissible purpose (bogus "damages" as verified by your insurance company, and not a "firm offer of credit"). If you have an FCRA case against them, they might want to settle that, as you would have legal representation with possible recovery of your legal fees and damages if you sued and won. The brinksmanship could shift in your direction.
If you find anything, run it by a consumer attorney. You can find one in your state through www.naca.net
Insisting on filing a "damage claim report" just because there was supposedly "a hail storm in the area", not even pointing out any particular "damage". And yet the list of "damages" lists a bunch of things that couldn't even be damaged by hail:
"the right fender, the left fender, the liftgate, the hood, the roof, the pillars rocker and floor, headliner right and left sun visor and the map lamp, as well as the left and right inside panel. ..."
Basically, if there was a "storm" somewhere, standard operating procedure is: "fill out this form so we can scam you and your insurance company". And if you do fall for it, see, you fell for it! If not, better get out of here before we call the cops. Either way, we pad up the "bill for damages" right up to what we think you or your insurance company might pay.
Told to leave "or the police would be called" when he started taking pictures that woud show no hail damage?
Looking for "hail damage" with black light, yet renting the car out for another 700 miles before getting it "repaired"?
It's "damage you can't see", but even though you can't see it, they know it's specifically "hail damage" so that it's "caused by an Act of God", to fit a clause they slipped into their contracts. And since only they can see it, you couldn't possibly have seen it when you originally rented the car, so you couldn't claim it was already there. Real cute.
Of course, if no one but they can see it, how are they "damaged"?
And if all these cars are being "repaired" an inspection of Enterprise lots should show lots of cars with lots of repair work, and the money is all going to body shops, right?
At 16000 miles, looks like they are detailing it before selling it off, attempting to pass the cost off to the insurance company.
http://elliott.org/case-dismissed-2/the-latest-car-rental-scam-hail-damage/
"The latest car rental scam: hail damage?
Case Dismissed! • By Christopher Elliott on Thursday, November 15th, 2012
A few years ago, car rental companies made a small but profitable change to their contracts. They said if one of their vehicles was damaged by an Act of God, you were on the hook for the car.
Since then, I’ve received reports from time to time about hail damage claims that may or may not be legit. Usually they get worked out long before I have to get involved — after a little back-and-forth, the claim is quietly dropped because the car rental company can’t be sure the hailstorm happened before or after the drop-off.
But Spencer Gorman’s case was a little different. In September, he rented a Nissan SUV from Enterprise in downtown Philadelphia. When he returned it, he says an Enterprise representative told him he needed to fill out a damage claim form since there had been a hail storm in the area. He says he began taking pictures of the vehicle, which he claims was undamaged by hail.
“I knew something was wrong,” he says. “I was asked to leave and she threatened to call the police when I started [taking] the photos.”
Gorman says Enterprise moved quickly on its claim. By the time he phoned his insurance company half an hour later, the car rental company had already filed a claim, saying there had been hail damage to the vehicle.
“The next day I noticed a $500 charge on my credit card, which had also been charged at around 4 p.m., just after my insurance company was called.”
Gorman searched for evidence of hailstorms within a 150-mile radius of his home, but couldn’t find any. His insurance company had doubts about the validity of the claim, and after conducting its own investigation, refused to cover it.
Then Gorman received a package from Enterprise with copies of photos of his car, none of which showed any damage to the car, he says.
I received a bill for $2,575, which had the $500 already deducted, and a nasty threatening letter saying I was responsible for damage to the car. There was nothing about hail being mentioned.
I am accused of damage to the right fender, the left fender, the liftgate, the hood, the roof, the pillars rocker and floor, headliner right and left sun visor and the map lamp, as well as the left and right inside panel.
No point of impact is mentioned, no accident, but the odometer is logged in at 15,968. I turned the car in at 15,216 miles.
Gorman thinks this is a scam. I asked Enterprise if it could review his case.
A representative called him back and here’s how the conversation went, according to Gorman.
The person you called on my behalf called me. He was rude and said, ‘Enterprise has every right to use black lights or whatever methods they deem necessary to see damage that a customer may not see.’
He said, ‘Enterprise has every right to charge renters for this damage.’
He said, ‘Just because damage is not visible at the time of rental does not excuse the renter. The contract is ironclad and Enterprise does not negotiate.’
That’s a strange response.
Certainly, a car rental company has the right to inspect for damage any way it sees fit, although black lights seem a little over the top. I agree, too, that Enterprise has the right to charge for damage to a car.
But there’s no excuse for being rude about it. And driving a car another 700 miles before making the repairs strikes me as odd.
This isn’t the first car rental hail damage claim I’ve received in the last few weeks. Are car rental companies capitalizing on the weather? If they are, it seems like a stupid way to make extra money. The law will catch up to them, eventually. Indeed, Gorman has taken this case to the FBI, asserting that Enterprise is engaging in insurance fraud.
I’m not sure. I haven’t seen photos of the car, and Enterprise’s response to my request for a review is so out of character, I just can’t believe it would act that way. ..."
What's clear is that both rental site employees and "Recovery Unit" employees must have "incentive" to work together to pull this. There is evidence of "coordination" between them, first sizing up the "mark", setting the "trap" then springing it with pre-scripted counters to cover attempts to wiggle out, that can only come from planning combined with a direct incentive to low level employees. The whole scheme appears to be deliberately concocted to hide behind a smokescreen of "plausible deniability", succeeding when they can, while cutting out if caught, evading any consequences, ready for the next game.
http://mythreecents.com/showReview.cgi?id=102328
"...
Enterprise Rent-A-Car Complaint - Enterprise is a scamming enterprise: Price and Damage Scam - Car rental
Car rental - Complaint
Review by EnterpriseRental&DamageScam on 2011-08-04
FORT COLLINS, COLORADO -- Enterprise is a lying mess. This company is trying to rip me off with "hail damage" for pre-existing dents on their car and trying to charge additional for a car I rented. I rented the car on 7/5/11 after being injured from a rear ended accident on 7/1/11 and returned on 7/21/11. The first hail was 6/8/11 and second hail on 7/13/11. First Enterprise on College Avenue in Fort Collins tried to rent me a car with cracked windshield and failed to note it until I pointed out and tried to urge me to take it anyway, but I refused. They had me drive that same car to their Mulberry location in Fort Collins to do an exchange. Paper work was already filled out at the College location. The car I exchanged for was a mess inside and out. They only cleaned up a bit when I told them it wasn't acceptable. I waited while the agent took it to a $3 car wash. Not much improvement. The agent failed to note numerous damages I pointed out, such as scratches, bent license plate including the dents. I was told that if the damages are not shown through the paint to metal and not at least 4 inches there was no need to document them. I even reported warning light for "oil maintenance" and loosely latched gas tank while I had the car. I was told it was common and to keep driving it when I asked for an exchange. Because I was desperate to get back to work I reluctantly made the exchange. While the car was in my possession it was garaged at home and at work. It was garaged when it hailed on 7/13/11. I returned the car in the same condition as rented. I received a letter from Enterprise's "Damage Recovery Unit" trying to determine the cause of the dents being called as "hail damage". While I was in communication with this unit I received calls from Enterprise on College demanding and threatening to charge my credit card around $500 for "upgrade rental" and insurance deductible for repair of "hail damage". When I told the staff (Nicole and Kaitlin on College Avenue) that the dents were pre-existing and that the car was garaged Kaitlin hypothesis that perhaps a tree or branches fell on the car causing the dents if not by hail while I had it. I told her to stop fabricating lies to fit her demand. Now these two women weren't there when I made the exchange nor were they there when I pointed out the damages to the agent on the Mulberry location nor were they present when I dropped off the car at the Mulberry location. They are now in the picture to collect $$$. Jeremy, the agent whom I dropped off the car with at the Mulberry location didn't want to give me confirmation of the return. He reluctantly wrote, "Customer returned car on 7/21/11 at 5:00 pm" followed by his employee number with Enterprise. This company is scamming on people to get free repair for their pre-existing damages. I am appalled at their dishonesty and lies. I hope this message will reach many people and hope that they go elsewhere for rental or rent a friend's or family's car instead. I urge other victims of Enterprise to spread the word....
Posted by Enterprise cares on 2011-08-04:
We are listening and I want to investigate the incident further. Please email care[at]enterprise.com with your contact information, rental agreement number, the damage claim number (if one was provided), and any further details. Please use "Incident 110804-004601" as the subject of the email so we can match it to your case file. (Rich)
..."
We’ve taken note of your comments and would like to have the opportunity to look into this for you. Please send us a detailed email to care@enterprise.com including the exact rental location information, your contact information, your rental agreement or reservation number and any further information regarding your experience with us.
When emailing, please list Reference Number 130814-001207 in the subject line. We look forward to hearing from you.
Respectfully,
Carol H.
Social Media
Enterprise Rent A Car
Due to the insurance claim with GEICO, they set up the rental car for me with Enterprise.
I returned my car on 8/15, and Enterprise rep told me I needed to pay $340 for DW!
I wasn't told the DW was included when I picked up the car. Enterprise rep said that he can waive $170 for me, but I have to pay the rest cause I signed the agreement. I checked the agreement, and found that I initial at where he put the "X" on. He didn't explain that is for DW. In addition, it was set up by Geico, so I didn't know that was extra since he didn't mention it will pay by me, and it was an option.
He didn't ask me I want the DW or not, and just put it in contract, and asked me to sign! How do I know it was not cover by insurance? why should I pay for the rest $170 if this DW didn't explain to me when I pick up the car? Also, he already said it was a mistake, so he waive $170, if this is the mistake, why should I still need to pay half?
The location is at 9880 southwest freeway, Houston,TX
Agreement#100966-5N59FK