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Question
I have never been on this site before but it looks helpful. My husband and I rented a car from Abilene,Texas and drove it to Dallas Fort Worth Airport to catch a flight. We went straight to the airport and an Avis rep told us where to park it (with the other rentals). We left the car and the keys and got on our flight. This was in November by the way. Two weeks ago we received a letter stating that we owed money for damages ($600). They did not provide any proof of the damamges and the claim was sent to collections because they said it was originally returned in the mail. I called them and discovered that the address used was taken off of our drivers license which of course is not the correct address (people move so often, that is not an accurate way to gain information). After speaking to a claims rep, she told us that our dispute was denied and we still owed the money. Is there anything that I can do, it just seems so unfair. I was thinking they couldn't say it was us if there was no documentation done at the time of arrival at the airport.My husband and I have excellent credit as well and I don't want that messed up either.
Hi Nicole,
You don't need your credit damaged as you know. Contact a supervisor of the collections. If that person can't help, get their supervisor.
You may need to contact AVIS first for the damage estimate if the collection company does not have it. Again, don't screw around with the transients and deal with a supervisor.
You might find that you may need to get a lawyer involved. Hopefully not.
If you did not damage the car, why should you have to pay?
The problem with collections involved is they do have the power to damage your credit, but the rental company should not be allowed to extort you for something they may not be able to prove your involvement.
Don't let this issue sit. Call Avis for the damage estimate. Demand color pictures of the damage with the itemized bill. If you know you did not do this and Avis won't back off, then it may be lawyer time.
Require a detailed appraisal for the damage. I would then ask them to prove that you did the damage or was it done on the next rental or lot attendant?
I am renting a car right now and return it tomorrow and you just reminded me what I usually do (been over a year since I rented a car)and I will photograph the sides, front rear and interior to cover my butt.
Next time you return a car if you have a cell phone, do this to protect yourself.
Good luck,
Rob
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Answers by Expert:
Rob Painter, Ase, CFEI, CAFATE
Expertise
Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.
Experience
Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.
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