Case dismissed: “There was no possibility of any damage having occurred”

Peggy Suvak’s car rental started routinely enough. When she picked up the car from an Enterprise location in Indianpolis, an associate walked around the vehicle to check for damage and seemed to have “no concerns.”

“We drove the car directly home and put it in the garage,” she says. “There was no possibility of any damage having occurred.”

But when her husband used the car the next day, he noticed damage to the right rear door area.

Uh-oh.

He got out the paperwork to make sure it had been documented and there were scratches noted in the right quarter panel.

He considered the damage to be more than scratches and did not want to be held responsible for the damage.

He immediately called Enterprise to express his concern and drove to their office before his appointment to show them the damage.

The meeting didn’t go well. It escalated into an argument, with an Enterprise employee allegedly “waving the paperwork in his face” and saying, “You signed this, didn’t you?”

Suvak’s husband later spoke with a manager, who assured him he wasn’t responsible for the damage, and promised to write a revised condition report.

Unfortunately, he neglected to say what would be in the new report.

Suvak explains what happened next.

We received a letter from the damage recovery unit acknowledging notification of damage and asking for our insurance information, etc. I am now well versed on what we should have done, but is there any recourse on this dismal situation?

They are dunning me or my insurance company for $1,319, including loss of use.

I asked Enterprise about this situation. Here’s the response I received.

We checked previous records, and there are no indications of any vehicle damage prior to this transaction.

In addition, this customer’s insurance adjuster says that the customer’s story is slightly different – that is, the customer told the adjuster that he/she noticed the damage upfront and specifically pointed it out to the Enterprise employee.

The customer also is claiming that our employee said the damage wasn’t worth noting. However, as you can see from the attached photo, the damage is significant. (See photo, above.)

Obviously, such a scenario is not consistent with the “we had no concerns” statement in the email below, so we are confused. Could the customer please clarify?

We also are confused by the customer’s reference to a “revised condition report.” Is the customer able to provide more details? We are unfamiliar with such a document.

I asked Suvak about the Enterprise response. She asked what evidence Enterprise had that its car wasn’t damaged? How about some time-stamped photos?

Also, by “damage upfront” she and her insurance adjuster meant the morning after the delivery — not at the time the car was picked up.

The Enterprise employee did not tell us the damage wasn’t worth noting because we never mentioned it in the first place. We were not aware of it until the following morning.

The whole statement seems ludicrous, because if we had seen the damage at delivery and pointed it out to Enterprise and been told it wasn’t worth noting, then why would we have found it necessary to again contact Enterprise the following morning and waste our time returning to their office if we had already been told the damage wasn’t worth noting.

Enterprise’s answer remains unchanged. She’s responsible for the damage.

Unfortunately, I have to move this into the “case dismissed” file.

There’s no right side in this one. Enterprise needs to do better than say it has no record of damage prior to the rental. It needs credible evidence. I think it should be photographing its cars every time it rents them.

Also, I strongly disagree with any “loss of use” charge. Unless Enterprise can prove that all of its cars were being rented, and that it lost business as the result of not having this car in service, it should drop the charge. (And even then, I would find the charge problematic.)

At the same time, Suvak’s story had a few holes. If she’d only done the inspection herself and photographed the car pre-rental, then this could have been avoided.

But I’m afraid I’ve taken this one as far as I can.

  • John

    Or … there is a scratch somewhere between the rear of the door and the tail light (the definition of the rear qtr panel). Since the picture isn’t high enough of a resolution to see paint defects, you can’t say if there is or isn’t a scratch on that large surface.

    I see a single pixel of a different color just above the wheel even with the door handle. Is that another scratch or an artifact of the picture being too low res? I can’t be sure and neither can you.

  • John

    Or … they provide the contract she signed that shows no damage in the area.

    Fact is that she can’t prove that it pre-existed the rental. Only that it was there the next morning after they had driven off the lot.

  • Michael K

    So where are those scratches (plural)?

  • Michael K

    I’ve rented from Enterprise many times at several off-airport locations, and they’ve never noted small paint scratches that you wouldn’t see in a photo like this (for example, key scratches near the key hole).

    Their rental agreement includes a diagram of the car including the tail light and bumpers, so an associate can pinpoint damage to those locations if appropriate.

    Is it *possible* that the OP is lying and that she damaged the car in exactly the same region as the pre-existing scratches?  Sure.

    Is it possible that the Enterprise agent hastily or sloppily noted a dented area as scratches?  Seems like the more plausible scenario to me.  Especially if you’ve seen what I’ve seen (at more than one location) in terms of staff turnover, understaffing, and lines of impatient customers while phones are ringing off the hook with no one to answer them.

  • Michael K

    I’ve rented from Enterprise many times at several off-airport locations, and they’ve never noted small paint scratches that you wouldn’t see in a photo like this (for example, key scratches near the key hole).

    Their rental agreement includes a diagram of the car including the tail light and bumpers, so an associate can pinpoint damage to those locations if appropriate.

    Is it *possible* that the OP is lying and that she damaged the car in exactly the same region as the pre-existing scratches?  Sure.

    Is it possible that the Enterprise agent hastily or sloppily noted a dented area as scratches?  Seems like the more plausible scenario to me.  Especially if you’ve seen what I’ve seen (at more than one location) in terms of staff turnover, understaffing, and lines of impatient customers while phones are ringing off the hook with no one to answer them.

  • Michael K

    I’ve rented from Enterprise many times at several off-airport locations, and they’ve never noted small paint scratches that you wouldn’t see in a photo like this (for example, key scratches near the key hole).

    Their rental agreement includes a diagram of the car including the tail light and bumpers, so an associate can pinpoint damage to those locations if appropriate.

    Is it *possible* that the OP is lying and that she damaged the car in exactly the same region as the pre-existing scratches?  Sure.

    Is it possible that the Enterprise agent hastily or sloppily noted a dented area as scratches?  Seems like the more plausible scenario to me.  Especially if you’ve seen what I’ve seen (at more than one location) in terms of staff turnover, understaffing, and lines of impatient customers while phones are ringing off the hook with no one to answer them.

  • Anonymous

    I didn’t pass judgement on her as a “high school dropout” based on her education. I passed it on her manners and the fact that she was wearing a “grill” at her job.

    I’ve worked the counter and nametag job and have respect for the folks who work those. I don’t respect those who are scam artists and dressed like thugs from a rap video, though.

  • Anonymous

    I didn’t pass judgement on her as a “high school dropout” based on her education. I passed it on her manners and the fact that she was wearing a “grill” at her job.

    I’ve worked the counter and nametag job and have respect for the folks who work those. I don’t respect those who are scam artists and dressed like thugs from a rap video, though.

  • Twiddler90

    You sound like a real expert. I’m sure all of you clamoring for photos would not mind paying the extra cost for a company that did it. You wouldn’t, and you know it.

    By the way genius, the car does not get cleaned where it gets parked for customer pick ups.

    Gee, I’m surprised Chris just didn’t say, “In the legal system the burden of proof is the car rental company.” and have Enterprise magically drop the claim.

  • Twiddler90

    You sound like a real expert. I’m sure all of you clamoring for photos would not mind paying the extra cost for a company that did it. You wouldn’t, and you know it.

    By the way genius, the car does not get cleaned where it gets parked for customer pick ups.

    Gee, I’m surprised Chris just didn’t say, “In the legal system the burden of proof is the car rental company.” and have Enterprise magically drop the claim.

  • DavidS

    While I respect your opinion, (of which I DID acknowledge) it is certainly devalued when you have to resort to calling someone else’s opinion “obtuse”.

    They could have simply stated right REAR quarter panel rather than create ambiguity in where the damage was noted. By NOT typing 4 letters (REAR), the question remains. It may have been an oversight, but still a question worth asking.

  • DavidS

    While I respect your opinion, (of which I DID acknowledge) it is certainly devalued when you have to resort to calling someone else’s opinion “obtuse”.

    They could have simply stated right REAR quarter panel rather than create ambiguity in where the damage was noted. By NOT typing 4 letters (REAR), the question remains. It may have been an oversight, but still a question worth asking.

  • Twiddler90

    Customer service is all but dead because customers are not willing to pay for customer service.

  • Anonymous

    I agree with you 100% about this.  I also think it is pretty immature to “pretended not to understand her with the “grill” thing she was wearing in her mouth”.  The only thing I can think of is Raven is making fun of a teenager for wearing braces?  I’m not sure what else a “grill thing” is.

  • Michael K

    I apologize.

    The OP could have been more precise (and she absolutely should have been more careful during the pickup process).  I’m just passionately appalled by all the posters that seem so anxious to poke [what I see as] nonexistent holes in her story.  But you’re right, my bad in terms of how I characterized your opinion.

  • Anonymous

    It’s not braces, they are decorative mouthpieces that cover the teeth and make them appear “gold.” The rappers wear them and it’s damn near impossible to understand anyone wearing one. It’s definitely not appropriate attire for anyone in customer relations.

    Google is a powerful tool. Check into it.

  • Anonymous

    My response to you must have gone directly to you, rather than the community at large.  So here goes again . . .

    My computer monitor shows 2 large scratches, 1/2 way between the handle and the wheel, in a line with one another.  I posited that something (car, fender, whatever) hit the car to create the dent and slid forward, creating the scratches, as opposed to a driver of this car causing the damage.  I figure same incident and should have been as noticeable to the Enterprise employee and the renter as they are to me in the picture.  I have no idea where you’re coming up with 2 separate incidents in my post or in anyone else’s post. 

    I’m taking the renter’s word that neither she nor her husband damaged the car or allowed damge to occur to it.  Therefore, believing her, I figure the damage was already there.  For whatever reason in the world, Enterprise only noted the scratches.  And for whatever reason in the world, Ms. Suvak not only did not examine the car herself, but she did not read what she had signed.  She’s stuck with the consequences of her two inactions.

  • Michael K

    The posters who posit that the OP caused or might have caused the damage would have to believe that there were 2 separate incidents a few inches apart, it seems to me.

    I mistakenly thought you were in that group (sorry).

  • cjr

    Why should I have to pay to make sure I don’t get bent over by a company? Why should I have to pay if I’m due a refund and the company is screwing around?

    “Press 2 if you’re willing to fork over a little more for basic support that all upstanding companies used to provide because they actually cared about you as a customer.”

  • Jikinn

    After reading Chris’s column for over a year and seeing so many stories like this, the last time I rented a car, I photographed a small ding in the bumper because the agent said they don’t care about minor damage to the bumpers. I wanted to make sure I documented that the ding was already there when we picked up the car. Fortunately, I didn’t have any trouble when we returned the car, but I was able to relax on my vacation knowing that I had taken the photo.

  • Billy

    I’m sorry – she drove away with that level of damage?  Did she not bother to walk around the car?!?!?  That’s not a scratch on the underside of a panel.

  • Billy

    The correct term is “grillz.”   Word.    =)

  • Billy

    Aiight

  • Billy

    Aiight

  • Billy

    No it just makes you unmotivated.  What, no one told you that BA in English was useless?

  • http://twitter.com/travelingiraffe Crissy

    Sadly, they noticed it too late and are responsible for the damage.

  • http://twitter.com/travelingiraffe Crissy

    Sadly, they noticed it too late and are responsible for the damage.

  • Guest

    Enterprise has some of the best customer service, but the cars for the past couple of years have not had the best tires.  Two times the tires were very worn.  Once they were bald and we rented during the winter and could not use the car once we got to our destination as they were like ice skates and the roads were snowy/icy.  We were fortunate to not have been another statistic.  The car slipped on a light icy film under every overpass and we were miles from the airport before we noticed the bald tires.   

  • Twiddler90

    Only if you qualify long waits, understaffed counters, and running out of cars good service.

    If you have not had these experiences with Enterprise, it is only because you have rented from them at a slow location.

    At busier airports where demand is high, they will overbook without remorse. They will also turn people away, who flew in mind you, who are an hour past their reservation time. No one else does that!

  • Rebecca

    It wasn’t an Enterprise location, it was a Hertz.

  • flutiefan

    Unmotivated? No, I don’t think so. But you may feel differently if you actually knew me.
    And yes, Avenue Q explained perfectly well the notion of “What can you do with a BA in English?”…and that the answer is: teach, or work behind a counter with a uniform and a nametag.

  • http://oussamastake.blogspot.com/ Oussama

    It seems all these damage sagas happen with Enterprise or am I missing something here.

  • Anonymous

    I’ve had a Hertz and a Budget myself. Hertz, no problem worked with AMEX and never heard from them. (Vandalism to car while I rented it.) Budget had damage to another car and mistakenly claimed I rented it. Took my insurance company to convince them the VIN on the damaged car didn’t match that on my rental agreement. All my Enterprise rentals have been uneventful.

  • Backpackersantiago

    Isn’t ‘ghetto-speak’ the new bad, meaning ‘super-cool’?

  • Jmt856

    I rent a car at least once and sometimes twice a week for business. Part of my contract (agreed to by my employer — prior to my employer accepting my contract) specifically prohibits engagement with Enterprise. They are the worst of the worst when it comes to stuff like this. Even with Hertz and others — I ALWAYS, ALWAYS fill out the damage checklist (prior to leaving) — I circle the entire car (on the diagram) and write scratches/dings/dents all around car. This clears up any absurd issues, upon return.

  • Freeno

    I had a problem with Europcar (National/Alamo/Dollar) … Someone hit me and it was quite proveable with pictures and google maps.  There is no way the damage that was caused could have been caused by me but they tried to ding me for over $2000 uncovered damages including “loss of use” … I was fortunate in that my business dealing was with a “consolidator” and not the agency.  They tried to take this out of my CC, without any notification or explanation to me.  When the CC charged it back, they tried again, and sent in bills from their car body shop, but no justification or acknowledgement.  Their liability insurer tried to get me to agree to 50-50 which was the cost to the other party’s car … “for convenience”.  I told them that they should go after the other driver.  After the second refusal to pay they went away and I didn’t hear a peep.  The strange thing in all this was I didn’t receive a single word by mail, or email from Europcar.  Just from their liability insurer, which didn’t impact own car damage anyway.

    But the process is simple … blame their own renter for everything in the hope that they’ll just pay up.  It’s too much of a hassle to go after the person really at fault!

  • vzblandome

    I recently rented a car from Hertz, and after requesting a look-over, the person who was supposed to check the car refused to even come out of his kiosk to do so. Appearing angry, he literally shoved the paperwork across the counter and told me to do it myself. So I did. I marked every little scratch, dent and smudge I could find, and noted anything unusual. I didn’t take pictures, because they wouldn’t have shown much of the damage anyway, but I definitely covered myself by submitting an in-depth assessment of the problems before I walked out of there.
    However, on the road, I the ABS began to operate, even when I was only slowing down (not stopping) during my highway driving. I took it to a Hertz place, which was also a mechanic’s shop. They did assure me it was not a safety issue, and it was okay to drive. The mechanic made some sort of adjustment, and for a day or two, the ABS vibration did stop. But it came back.
    When I returned the car, there was no one to actually take it in (we just lined them up in rows and left the keys in them). A chinese woman with a heavy accent, did come by and tell us: “You get out! Get out!” So, I was unable to tell anyone about the problem.
    I am still wondering if Hertz will try to stick me with the ABS problem, or if they will just pass it along to the next unsuspecting driver, who will also be paying for the privilege of driving a defective car!

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