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View Full Version : My word against theirs...



UTRacerX9
08-04-2011, 10:06 AM
Looking for some advice/opinions here. Just got an email from Enterprise rent a car, saying that I owe them ~$1000 for damages to a car I rented while on business last week. I had the car for less than 24 hours, no accidents took place, and it was parked in a safe location where no one could have hit the front of the car (which is where the damage is that they say I am responsible for.)

Now, I had an early flight the next day, so I turned the car into their parking garage (and where I parked, the front end couldn't be damaged) at about 5am. They weren't there that early, so I dropped the keys in the drop box, and made my flight.

I've already responded that the damage did not occur in my possession, but it's my word vs theirs. Advice?

FeaRpb
08-04-2011, 10:08 AM
See if they have video of someone hitting it in the parking garage.

UTRacerX9
08-04-2011, 10:14 AM
It would be impossible to hit it in the front in the parking garage where I parked it. My guess is that one of their people, when moving the car, hit something with it. Also, it's been over a week since I turned it in, and I'm just hearing about it now. I'm sure lots of people have driven/moved the car in that timeframe.

CoreyB
08-04-2011, 10:43 AM
Tell them to fuck off. They have the car covered on insurance.

HilbillyHomeboy
08-04-2011, 12:42 PM
See if they have video of someone hitting it in the parking garage.

To expound upon that thought...see if there is video of you driving the car in with NO damage. This sounds like it's going to be a tough fight. :(

Jeremy

FeaRpb
08-04-2011, 12:44 PM
Good thinking Jeremy

UTRacerX9
08-04-2011, 01:03 PM
To expound upon that thought...see if there is video of you driving the car in with NO damage. This sounds like it's going to be a tough fight. :(

Jeremy

That also poses a problem though... the damage is not significant at all, I don't think it would even show up on a security camera. They sent me some close up pics of it. One headlight is scuffed up but not cracked, the part of the fender that meets the headlight looks like it is pushed up a tiny bit, and there is a small scratch on the front bumper at that corner. To me, it looks like they were backing it out and turned the wheel and just barely scraped the front corner of the car against something.

onebadmollafolla
08-04-2011, 02:27 PM
To expound upon that thought...see if there is video of you driving the car in with NO damage. This sounds like it's going to be a tough fight. :(

Jeremy

Couldn't he just not pay them? The burden of proof lies upon the accuser. If they have his credit/debit card number freeze the card/account. Also, report them to the BBB regardless of the outcome.

IPD
08-04-2011, 03:10 PM
name this rental company. i don't want to utilize them.

CoreyB
08-04-2011, 03:14 PM
Enterprise, reading FTW

UTRacerX9
08-04-2011, 03:30 PM
Couldn't he just not pay them? The burden of proof lies upon the accuser. If they have his credit/debit card number freeze the card/account. Also, report them to the BBB regardless of the outcome.

Yeah, they have my credit card info, so if they do charge me for it, I can have it disputed. What I'm more concerned with is that if I don't pay, will they forward this amount to a debt collector and fuck up my credit rating? Because if that happens, even if I took them to court and won, I'd probably still have damaged credit from this.

I primarily rent from Enterprise, and it's generally been hassle free, but they will lose me as a customer if they don't take care of this.

Danube_3KGT
08-05-2011, 02:03 AM
if they report to your credit, and you dispute it and win, (prove that its not something you had to pay) contact trans union and give them the info.. they'd be able to remove the bad reports from your credit..

NickS VR4
08-05-2011, 07:32 AM
if they report to your credit, and you dispute it and win, (prove that its not something you had to pay) contact trans union and give them the info.. they'd be able to remove the bad reports from your credit..

Weird, perhaps the should get a system like we had in valet. Six pictures were taken of the car before we pulled in the garage and after we brought it out (4 Corners & Sides). I don't think they would be able to prove it, so you should be able to win that in court.

The debt collector and credit issue, you have a point and you are probably screwed if you don't pay first and fight later.

whitedragon
08-05-2011, 08:13 AM
2 Questions:

1) Did you elect to pay for the "Collision Damage Waiver" or "Insurance" or whatever they call it when you rent? If so, then tell them to f*** off.
2) Does your credit card have protection similar to the above? Most major credit cards have some for of insurance or some nonsense that is similar to the rental car company's "Collision Damage Waiver" that will protect you in this case. You would have to call your credit card company to get the details.

UTRacerX9
08-05-2011, 08:50 AM
2 Questions:

1) Did you elect to pay for the "Collision Damage Waiver" or "Insurance" or whatever they call it when you rent? If so, then tell them to f*** off.
2) Does your credit card have protection similar to the above? Most major credit cards have some for of insurance or some nonsense that is similar to the rental car company's "Collision Damage Waiver" that will protect you in this case. You would have to call your credit card company to get the details.

No, I never get that. I have no idea about my credit card though, something to look into if they continue this.

My last email to them I told them everything I've told you guys, and that if they want to continue this, they'll need to do that through my attorney. I haven't heard anything since, we'll see what happens today.

Alex3000gt
08-05-2011, 08:56 AM
Are they holding you responsible for just the deductible or more?

UTRacerX9
08-05-2011, 09:03 AM
Are they holding you responsible for just the deductible or more?

I have no idea what their deductible is, they sent me an itemized invoice for the damages (headlight, bumper, paint, and labor) totaling $988.

whitedragon
08-05-2011, 09:32 AM
No, I never get that. I have no idea about my credit card though, something to look into if they continue this.


I'd also just give your credit card company a call too. They can explain everything, and that could help double in the event that you need to do a chargeback/dispute through them.

beepbeep
08-05-2011, 10:18 AM
Enterprise, reading FTW

hahhaha



The debt collector and credit issue, you have a point and you are probably screwed if you don't pay first and fight later.

DO NOT PAY IT!! If you pay it, you are 'admitting guilt' in the eyes of the court. So, don't pay it if you plan to fight it. Fight it. I believe they have to have a certain amount of proof before they can submit it to the credit companies. Also, if they press the matter, just go up the chain to get it rectified. Good luck.

Danube_3KGT
08-05-2011, 11:25 AM
yea, i'd assume anything that could hurt you here (lack of cameras and what not showing you pulling in) hurts their case to.. You don't have to prove you're innocent of the damages, they have to prove you're guilty.. So if they have cameras they'll have footage showing you either leaving a good car, or a wrecked one and if they don't have cameras they should have a hell of a time proving you did it..

CoopKill
08-05-2011, 01:54 PM
One, if you did not sign an insurance Waiver, you are insured, and not responsible. Read the fine print on the paper work.

Two, as mentioned look into your credit card for coverage.

Three, DO NOT PAY for anything until you are sure you are responsible for it. As said it puts you as admitting guilt...

NickS VR4
08-05-2011, 02:03 PM
One, if you did not sign an insurance Waiver, you are insured, and not responsible. Read the fine print on the paper work.

Two, as mentioned look into your credit card for coverage.

Three, DO NOT PAY for anything until you are sure you are responsible for it. As said it puts you as admitting guilt...

My bad for recommending that. What happens if a collection agency comes for him? I just assumed it would be better to pay then fight so his credit would not be affected. Is there a way to not pay and not have your credit in jeopardy?

Emilie@GZP
08-05-2011, 03:21 PM
They can't just send it to a collection company without the proper steps, and proving he did the damage.

UTRacerX9
08-05-2011, 07:18 PM
Well, I didn't hear anything back from them today. Checked my credit card balance online, and it shows they charged me for the rental only at this point. We'll see what happens, I think if I don't hear anything through next week, I'll be in the clear.

RealMcCoy
08-06-2011, 02:09 AM
They can't just send it to a collection company without the proper steps, and proving he did the damage.

You probably meant to say they can't submit negative credit info without the proper steps or proof...? I would agree with that.

They can turn it over to a collection agency any time they please, they just have to be willing to pay the fees to do so. Many businesses would rather do that than make any effort to collect it themselves. (usually businesses that don't rely on their customers good will... 'cause as soon as you send me to collections, I'm not likely to do business with you again.)

The key to protecting your credit from frivolous and unfair negative reporting, is to dispute the charge "IN WRITING"... As soon as you do that, they have to prove in a court of law that the charge is valid. (they have to sue you, and get a judgment against you)

Mikes2nd
08-06-2011, 10:05 PM
Lessons to learn from car-rental horror stories - USATODAY.com (http://www.usatoday.com/travel/news/2009-07-06-avis-hertz-car-rentals_N.htm)