Ever get a letter from a rental car company saying you damaged the car?

[PUSH]

Sounds like a headache. I have nothing to add nor any advice, but I just wanted to say good luck!

 

[luv]

That's a stretch...won't hold much water. Just my (non-legal) opinion.

Here's a question for @luv...do you have the original rental car agreement? That should have the VIN on it which you can compare to the close out paperwork to see?

Nope, I didn't hang on to that. Maybe I should have, but I don't keep rental car agreements.

I have the receipt they gave me, that says I drove an entirely different car, lol. But I didn't drive the other car. I'm not even going to lie about that. Not going to lie, period.

 

[luv]

I hate to say it (and I know you are probably gonna go get real legal counsel on the matter), but if you don't have proof that they accepted THAT vehicle without damage upon return, you are probably screwed.

We will see.

I just hope the insurance company doesn't go and pay them. Wish I hadn't called them. I will take every possible action to see that these guys do not get to profit from this.

I may lose, but it won't be for lack of trying!!

My guess is that Avis (or some guy who owns a franchise, if I'm that lucky, lol) will not want to go through all the aggravation.

But we will see.

 

[englanddg]

We will see.

I just hope the insurance company doesn't go and pay them. Wish I hadn't called them. I will take every possible action to see that these guys do not get to profit from this.

I may lose, but it won't be for lack of trying!!

My guess is that Avis (or some guy who owns a franchise, if I'm that lucky, lol) will not want to go through all the aggravation.

But we will see.

Depending on your company, you can call and retract the claim as long as they haven't gone too far into the process (meaning, contacted the third party)...

If you don't wish to claim it, call them back tomorrow ASAP...

 

[sweetpee_1993]

If you don't want your insurance to pay out anything you need to see if you can cancel the claim. I worked in insurance years and years ago. Companies WILL pay out claims even when they absolutely don't have to because its cheaper to write the check than to fight. Legal fees aren't cheap. Juries don't like insurance companies. Also, @luv , I'll assume you have your insurance in Florida. Florida is a true no-fault state. I had our vehicles insured in FL up until last year. While we had insurance in FL we got plowed from behind over here in Texas. Obviously not our fault. The other person's insurance was taking care of everything. DH decided he should at least let our insurance company know what was going on. I told him not to but he did it anyway. So our insurance company started fussing at us to send them bills, estimates, etc. and trying to send us $$. I kept telling them it was all being taken care of by the other insurance company. Totally got read the riot act by our claims rep about how FL being a no-fault state they had to pay. I had to get a little ugly countering that the accident happened in TX. Duh. They were mad at us. Seriously. Trying to pay what they didn't have to then MAD that we wouldn't let 'em. LOL!

Also, seems to me if the rental company can't even issue you a receipt for the correct car how could they prove they didn't botch their clerical stuff about the damage? I actually see their stupidity with their clerical issues on the receipt as helpful to you.

 

[olinecoach61]

What a headache! Best of luck with this situation.

 

[luv]

If you don't want your insurance to pay out anything you need to see if you can cancel the claim. I worked in insurance years and years ago. Companies WILL pay out claims even when they absolutely don't have to because its cheaper to write the check than to fight. Legal fees aren't cheap. Juries don't like insurance companies. Also, @luv , I'll assume you have your insurance in Florida. Florida is a true no-fault state. I had our vehicles insured in FL up until last year. While we had insurance in FL we got plowed from behind over here in Texas. Obviously not our fault. The other person's insurance was taking care of everything. DH decided he should at least let our insurance company know what was going on. I told him not to but he did it anyway. So our insurance company started fussing at us to send them bills, estimates, etc. and trying to send us $$. I kept telling them it was all being taken care of by the other insurance company. Totally got read the riot act by our claims rep about how FL being a no-fault state they had to pay. I had to get a little ugly countering that the accident happened in TX. Duh. They were mad at us. Seriously. Trying to pay what they didn't have to then MAD that we wouldn't let 'em. LOL!

Also, seems to me if the rental company can't even issue you a receipt for the correct car how could they prove they didn't botch their clerical stuff about the damage? I actually see their stupidity with their clerical issues on the receipt as helpful to you.

You were right and your husband was wrong.

I got a lecture about WHY would I call the insurance company, they don't work for me, they don't care about me, I invited in a mess, how many times must I be told not to talk to anyone or sign anything and if I'm ever arrested, not to talk to the police. (I do not foresee myself being arrested. )

He's typing up a letter that I'm to sign and mail to several addresses at Avis. He said that form they sent me is just to gather information that could later be used against me in court and not to fill it out or return it in any way. The letter is going to state that we won't be filling out any forms.

I told him they said on the phone that they didn't think I'd damaged the car, it was "just an audit of that location." He said "That's fine. They can do their own audit. You're not doing anything."

So, that's that. All done.

Thanks to all!!!

 

[MOXOMUMD]

Good gracious. After all that I hope you have a happy new year.

 

[ajrwdwgirl]

I rented a car in Hawaii a few years ago it was a major company but we got a really junky car, and when we returned it the company said there was a black mark/scrape on the front part of the car drivers side. There was and we had no idea how it got there as we didn't hit or scrape anything. Anyway, it was noted on the receipt and we were told we would be contacted within a month about repairs. This was in June. In October we got a car repair quote from the car rental company and a bill, the bill even stated a cost for loss of fleet from the moment we turned it in in June (meaning they couldn't use the car, bullsh-t as it was a scrape). I was ticked it was long past the one month they told us. So I looked at the quote and the car rental company hadn't taken the car in to the body shop until mid-August! Meaning they were probably still renting this car. It also seemed like a lot of extra things needed to be fixed than just the scrape according to the quote.
So we called the company and got the run around there. They couldn't explain why they had waited until August to get the body shop quote. Anyway, we had coverage from our credit card and when explaining the situation they said the car rental company was running a scam on us to get us to pay for the damage but still rent out the car. Long story short the credit card company fought it for us and within about a week or two of the credit card company calling the rental car we were informed that they were dropping the charges and we paid nothing more for that car, nor did the credit card company/insurance. I will never rent from this company again, I wouldn't care if they were offering cars for free.

So I suggest that if you have a receipt that says everything is fine, call the company first, then your credit card company. Your final receipt upon returning the car should be your evidence that nothing was wrong.

 

[Jimmy Thick]

.. and if I'm ever arrested, not to talk to the police. (I do not foresee myself being arrested. )

If you are ever arrested, you do have the right to remain silent. That is your legal right and if you feel you need to use it, I highly suggest you do. Police can use anything you say against you in a court of law and will.

But...

If asked for ID, I would give it. If you are questioned and you don't want to say anything, tell them you want a lawyer present before you answer anything. Remember, police officers can legally lie to you, and if you ask for a lawyer, they will say, what do you need a lawyer for? Just say you want a lawyer present as its your legal right.

I could go on and on about this as a former police officer, but that's pretty much all you need.

Jimmy Thick- Don't be intimidated.

 

[Goofyernmost]

Tomorrow, I'll have a lawyer find out who the best lawyer is in the correct state. It should just be a few phone calls to get that info. Like I said, I'd rather pay the lawyer than give these crooks (or, possibly, clerical error-making people...shouldn't call them crooks until I'm sure, lol) one cent of my money. I'm not at fault and they don't deserve it.

I don't even try to fight for myself. The legal world is far too complicated for me and every time I try to handle things myself and end up turning it over, the lawyers say they should've been contacted first. I probably shouldn't have even called the insurance company. But what's done is done. Let them earn their money.

When we did the walk-around, she said she put in that there was no damage and emailed the receipt. I barely glanced at the receipt when I got it and didn't notice the mileage - just the fees, lol. We'll see how it all turns out.

Thanks for the help!!!

Not a put down, honestly, but this amuses me a little. Not that it happened to you or anyone else, but, I sometimes marvel at the fact that here I am pushing 66 years old and have never hired a lawyer for anything except when I was being divorced. Didn't intend to do it then, but, after saying that she wasn't going too, she went ahead and hired one anyway. So I had to as well. Turns out it was just a gigantic waste of money since we didn't have any disagreement. Whatever she wanted out of the house was fine with me. Kids were all grown up and married. Sold our house and split 50/50 as we had originally agreed. It was completely uncontested.

I wish you good luck, it is hard sometimes to fight big companies, but, they are wrong just as much as they are right. After you left the car off, any number of things could have happened, even by their own personnel. I think this will just fizzle out.

 

[luv]

If you are ever arrested, you do have the right to remain silent. That is your legal right and if you feel you need to use it, I highly suggest you do. Police can use anything you say against you in a court of law and will.

But...

If asked for ID, I would give it. If you are questioned and you don't want to say anything, tell them you want a lawyer present before you answer anything. Remember, police officers can legally lie to you, and if you ask for a lawyer, they will say, what do you need a lawyer for? Just say you want a lawyer present as its your legal right.

I could go on and on about this as a former police officer, but that's pretty much all you need.

Jimmy Thick- Don't be intimidated.

My issue (I've discussed this before) isn't that the cops would intimidate me. I just think all the court stuff could be avoided by a simple explanation. If I just talked to the cops, they'd see how obvious it was that I was telling the truth and not a criminal...and all the trouble could be avoided.

But I've been told to say nothing except, "I want to call my lawyer," so I'll do that if they ever talk to me...and hope that waiting for the lawyer doesn't make it worse instead of better.

I don't think it will ever be an issue, anyway.

Thanks.

 

[draybook]

I hope this works out for you. We've rented about a dozen times or more without insurance and we haven't had a problem yet. I also make sure to make a walk around video when picking the car up and dropping it off.

 

[luv]

I hope this works out for you. We've rented about a dozen times or more without insurance and we haven't had a problem yet. I also make sure to make a walk around video when picking the car up and dropping it off.

I didn't video. I didn't know that rental car companies were pulling scams.

He doesn't think they'll pursue it and said not to be afraid of being sued, that the filing of a lawsuit "just means we begin Discovery. That's all that means. And if they really want to pursue it, then we'll start Discovery. And Discovery on THIS? Would go on and on and on." I've heard him talk about Discovery before.

Discovery would cost them more than the whole car is worth, so the odds of them even getting into that are very slim.

It's all going to be nothing.

I may never rent another car, though, lol.

 

[unkadug]

You were right and your husband was wrong.

I got a lecture about WHY would I call the insurance company, they don't work for me, they don't care about me, I invited in a mess, how many times must I be told not to talk to anyone or sign anything and if I'm ever arrested, not to talk to the police. (I do not foresee myself being arrested. )

He's typing up a letter that I'm to sign and mail to several addresses at Avis. He said that form they sent me is just to gather information that could later be used against me in court and not to fill it out or return it in any way. The letter is going to state that we won't be filling out any forms.

I told him they said on the phone that they didn't think I'd damaged the car, it was "just an audit of that location." He said "That's fine. They can do their own audit. You're not doing anything."

So, that's that. All done.

Thanks to all!!!

Perhaps now is the time to sue them for mental anguish and attorney fees.

 

[luv]

Perhaps now is the time to sue them for mental anguish and attorney fees.

Lol!

I believe a class action suit will be brought by someone at some point. This is criminal. What if I was some young, single mom, who spent her last few hundred dollars attending an out-of-town funeral? This kind of thing could turn into a nightmare for someone who ended up having to pay for damages they didn't cause and didn't exist while they had the car.

They really shouldn't be able to get away with this.

 

[JenniferS]

Lol!

I believe a class action suit will be brought by someone at some point. This is criminal. What if I was some young, single mom, who spent her last few hundred dollars attending an out-of-town funeral? This kind of thing could turn into a nightmare for someone who ended up having to pay for damages they didn't cause and didn't exist while they had the car.

They really shouldn't be able to get away with this.

Hmmm ... if we only had a Sageteer who maybe had a lawyer-Daddy.

 

[unkadug]

Lol!

I believe a class action suit will be brought by someone at some point. This is criminal. What if I was some young, single mom, who spent her last few hundred dollars attending an out-of-town funeral? This kind of thing could turn into a nightmare for someone who ended up having to pay for damages they didn't cause and didn't exist while they had the car.

They really shouldn't be able to get away with this.

Good for you....start that lawsuit since you already have a lawyer...do not let them get away with this.

 

[englanddg]

Hmmm ... if we only had a Sageteer who maybe had a lawyer-Daddy.

Like me? But, this isn't his specialty and he's at a point in his career where he wouldn't be interested anyway...

 

[luv]

Good for you....start that lawsuit since you already have a lawyer...do not let them get away with this.

Lol, I'm not suing anyone.

But I'm sure someone will, some day.