BOGUS CLAIM
Complaint
Steve and Janet Applebaum
Country: United States
We just found out that Enterprise is suing us for alleged damage to a car that we rented in 2004 and that appears was sideswiped after we parked it after hours, at their office. They did not contact us until 6 weeks later, and then said that the person who logged in the car no longer worked for them. We wrote a letter at the time denying the claim, and have heard nothing for several years until being served with a lawsuit.
Comments
When was the lawsuit actually filed, and what is the SOL for what is presumably a "written contract" in the state in which you signed for the car? If they filed suit too late, you might be able to raise SOL as an affirmative defense (one you have to specifically claim for the court to consider it). If they are passed SOL, they may be out of luck.
Did you have auto insurance at the time, or did you pay for and have their so-called "collision waiver" insurance? Also, some credit cards might provide coverage when used for paying for a car rental. If you have insurance coverage, they may have a duty to defend you.
Have you actually been served, or are you dealing with a collection agency who claims you have been sued or are about to be sued? Sometimes collection agencies use deception and threats to attempt to panic consumers into paying, particularly when they have a weak claim.
"They did not contact us until 6 weeks later, and then said that the person who logged in the car no longer worked for them. "
How convenient. Why should that be your concern? And why would it take 6 weeks to realize they had a damaged car that supposedly was your fault?
Claiming an employee who would have been able to testify to some event or condition that might undermine their claim "no longer worked for them" is a common tactic of companies running scams to make false claims or charges. Maybe the car was damaged AFTER they logged it in, or even by one of their employees, but they want to defraud you or your insurer.
A number of the lesser ranked rental agencies have a history of such complaints, often tied to particular rental locations and probably due to local managers padding their income. Check with the BBB in the city where you rented from, and see if there are other similar complaints.
Furthermore, owners of cars damaged in accidents over certain dollar amounts are generally required by state motor vehicle laws to report such accidents, as part of ensuring that state liability insurance requirements are being met. In most cases, such damage will be over the state thresholds for reporting, even if minor bodywork and painting are all that is done.
If the damage really occurred as claimed, then the rental agency should have the invoices establishing the repairs performed, their cost, and when they were done. If it was a hit-and-run, then they should have notified police of the crime. If it was over state reporting thresholds, they should have notified the department of motor vehicles of the accident. State law may require that these reports be made witin a certain number of days of the accident.
If this "accident" really occurred while the car was parked where you left it BEFORE they logged it in, then they should be able to provide repair invoices, a police report, and a motor vehicle department report made at the time to substantiate the damage they claim they want to charge you for.
The timing of these documents, verifiable from neutral parties such as police and motor vehicle department, should be in accordance with state law, and consistent with the alleged time of the alleged damage. This is exactly what your insurance company might request if it was considering paying off on an alleged claim.
If they did NOT file the legally required notifications, reporting the damage and the hit-and-run, then why not? Maybe the damage did NOT occur as they are now claiming, before logged in, but actually occurred later under the control of their employees, perhaps even this former employee that 6 weeks later was no longer with them. Maybe it occurred while one of their employees was driving the car you rented, or driving another of their rental cars.
Maybe they wouldn't want to report the car damage if it was by one of their own employees and might undermine their claim that a customer is liable for it. If such a report was made, but didn't identify their own employee as the driver involved and they knew it, it would be a false statement to police or DMV, or similar to perjury, while if it did, then it would undermine their claim that you are responsible for repairing the damage.
If they are demanding payment for damage you did not directly cause, essentially damage caused to their vehicle for which they want to be equitably compensated (loss of profit during the period when the car was being repaired), then their claim is suspect if they have not themselves followed the law appropriate to the hit-and-run they claim happened.
They may have "unclean hands".
If you have insurance coverage, contact your insurer, and let them handle it. They have attorneys, and that is why you have insurance.
If they could have reasonably sent it in for repair within a couple days, getting it back in, say, a week, but instead they sat on it for a month, then a month of lost rental profit is not damages caused by you, but instead a result of their own action or lack of it.
Your insurance company's attorney should know how best to proceed.
http://www.ripoffreport.com/reports/0/146/RipOff0146715.htm
Other complaints consistent with attempting to collect damages from customers who believe no damage occurred under their care. This may be a scam attempted at some sites when customers turn down the collision damage waiver.
http://www.complaintsboard.com/complaints/scam-and-fraud-c58578.html
http://www.yelp.com/biz/enterprise-rent-a-car-chicago-13
Sorry to hear about your nasty experience with Enterprise. Sounds like they try to make money off their rentals by taking advantage of their customers. Maybe the small scratch was already there before you drove off the lot. Next time it would be a hoot to rent a car for a few days, but before you sign the agreement...ask for the manager to walk out to the lot with you and take pictures of him/her standing by the vehicle from different vantage points. Make sure Enterprise has a comprehensive policy that covers normal wear and tear. And before you return your limo, check it over, go to Auto Zone and touch up any scratches with a matching paint that will probably cost you @ $10.
Signed,
A Sympathetic and Disappointed Renter from Enterprise
The first thing I want to say is thank the Lord your son is OK. If he mentioned the scratch and dent in the back fender to the employee of the rental company, why would your son suspect this would be omitted from the inspector's report? Taking pictures is always a good idea, but remember your son had just been in a car accident which can be very traumatic and he was 400 miles from home. Does your son remember the rental employee specifically asking him if he wanted additional insurance, or did he just hand him a form to sign?
Straight away get in touch with your son's Credit Card company and challenge the charges. Believe me, if you're on the straight track, they'll put the pressure on the rental company and your son will be reimbursed for all charges. In the end, good always overcomes those bad guys. I pray it all works out for you, but it's unfortunate your son had to experience this crap. ) :
God Bless and Keep You.
Karen
My accident vehicle was repaired and then I went to pick it up. The receptionist took the rental keys and said I was fine. There was no Enterprise guy to check the car around. Also the car was in a prefrect shape when I returned, I personally checked it then.
A week later I get a call from my Insurance agency that Enterprise filed a claim against the rental car damages. I said that's untrue, the Insurance company got my recorded statement on file and said that they would contact me later.
I am shocked!! Enterprise Rent A Car is a lier company and I would never rent a car from them ever, will make sure that I pass this story around to my friends and families.
I'm just pissed about the fact because of one employee’s fault I'm responsible for a damage that I didn't do. The matter is still with their claims department. But one thing for sure I'm never going to rent a car from Enterprise in future.
Whoever reading this make sure you really look into car while renting it thoroughly. Normal body scratch you would be able to see, but make sure you check the lower portion of the car.
What happened at the end,you had to pay it or you fought?