The latest car rental scam: hail damage?

A few years ago, car rental companies made a small but profitable change to their contracts. They said if one of their vehicles was damaged by an Act of God, you were on the hook for the car.

Since then, I’ve received reports from time to time about hail damage claims that may or may not be legit. Usually they get worked out long before I have to get involved — after a little back-and-forth, the claim is quietly dropped because the car rental company can’t be sure the hailstorm happened before or after the drop-off.

But Spencer Gorman’s case was a little different. In September, he rented a Nissan SUV from Enterprise in downtown Philadelphia. When he returned it, he says an Enterprise representative told him he needed to fill out a damage claim form since there had been a hail storm in the area. He says he began taking pictures of the vehicle, which he claims was undamaged by hail.

“I knew something was wrong,” he says. “I was asked to leave and she threatened to call the police when I started [taking] the photos.”

Gorman says Enterprise moved quickly on its claim. By the time he phoned his insurance company half an hour later, the car rental company had already filed a claim, saying there had been hail damage to the vehicle.

“The next day I noticed a $500 charge on my credit card, which had also been charged at around 4 p.m., just after my insurance company was called.”

Gorman searched for evidence of hailstorms within a 150-mile radius of his home, but couldn’t find any. His insurance company had doubts about the validity of the claim, and after conducting its own investigation, refused to cover it.

Then Gorman received a package from Enterprise with copies of photos of his car, none of which showed any damage to the car, he says.

I received a bill for $2,575, which had the $500 already deducted, and a nasty threatening letter saying I was responsible for damage to the car. There was nothing about hail being mentioned.

I am accused of damage to the right fender, the left fender, the liftgate, the hood, the roof, the pillars rocker and floor, headliner right and left sun visor and the map lamp, as well as the left and right inside panel.

No point of impact is mentioned, no accident, but the odometer is logged in at 15,968. I turned the car in at 15,216 miles.

Gorman thinks this is a scam. I asked Enterprise if it could review his case.

A representative called him back and here’s how the conversation went, according to Gorman.

The person you called on my behalf called me. He was rude and said, ‘Enterprise has every right to use black lights or whatever methods they deem necessary to see damage that a customer may not see.’

He said, ‘Enterprise has every right to charge renters for this damage.’

He said, ‘Just because damage is not visible at the time of rental does not excuse the renter. The contract is ironclad and Enterprise does not negotiate.’

That’s a strange response.

Certainly, a car rental company has the right to inspect for damage any way it sees fit, although black lights seem a little over the top. I agree, too, that Enterprise has the right to charge for damage to a car.

But there’s no excuse for being rude about it. And driving a car another 700 miles before making the repairs strikes me as odd.

This isn’t the first car rental hail damage claim I’ve received in the last few weeks. Are car rental companies capitalizing on the weather? If they are, it seems like a stupid way to make extra money. The law will catch up to them, eventually. Indeed, Gorman has taken this case to the FBI, asserting that Enterprise is engaging in insurance fraud.

I’m not sure. I haven’t seen photos of the car, and Enterprise’s response to my request for a review is so out of character, I just can’t believe it would act that way.

Is Enterprise trying to scam Spencer Gorman?

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  • Raven_Altosk

    Any time an employee threatens to call the cops for you taking pictures, reply “Go right ahead. I’ll be glad to tell the authorities that you are a thief trying to scam me and I might even say that I feel like you threatened me or touched me inappropriately. Hope you can afford to spend a few hours with the cops sorting it all out. Does your employer allow you paid time off to handle personal legal matters?”

    I used that once on one of these car rental thugs. She decided it wasn’t worth the effort to bother me after that.

    This sounds like a total scam. Shame on Enterprise.

  • sirwired

    If the damage isn’t noted at return, I don’t see how it can stick. And the “hail” damage will be easy to refute, given the utter lack of a hailstorm.

    I’m guessing they bet most people won’t bother since they’ll only be on the hook for their deductible. If he has the time/inclination, it sounds like it is small claims time. He can sue for the full amount and subrogate the overpayment back to his insurance company.

    I’d also let his insurance company know that this reeks strongly of insurance fraud; they may end up pursuing it themselves, which will almost certainly lead to near-instant satisfaction. A complaint to the AG office of the state involved will also not be out of line.

  • http://www.facebook.com/colgan102001 Aaron Miller

    A rental car company is trying to collect for damage done to a vehicle! Surely any attempt to do so must be a scam!

    This story is completely one sided. I find it interesting that the dialogue described does not include anything about what Mr. Gorman actually said. He has no problem quoting/paraphrasing what the agent said, yet is completely silent about what he said. I happen to work for Enterprise, and in my dealings with damage claims on a daily basis, customers are rarely calm and rational about it. I of course was not there but I somehow doubt that the agent threatened to call the police solely because Mr. Gorman was taking pictures. It seems more Likely that Mr. Gorman was causing a scene, was subsequently asked to leave, then when he started taking pictures, the police were brought up since the request to leave was ignored. I’m just not buying the story “I was minding my own business taking picture of the vehicle, and they threatened to call the cops.”

    With regards to the actual damage, hail damage is weather damage which the renter is held responsible for. You agree to this in the contract. Enterprise does full pre-rental inspections with the customer present-it’s not like Mr. Gorman did not have opportunity to point out the damage if it was pre-existing. If Enterprise has a signed statement from Mr. Gorman saying the vehicle left the lot with no damage and Mr. Gorman returned the car with damage, he is contractually obligated to pay for it. How the damage got there is irrelevant. End of story.

  • http://www.facebook.com/colgan102001 Aaron Miller

    If Mr. Gorman was behaving abusively to the employees, they have every right to ask him to leave the premises. A car rental lot is PRIVATE PROPERTY. Just because you spend a dime at a business does NOT give you the right to treat the employees like dirt simply because you don’t agree with what they are doing.

  • http://www.facebook.com/colgan102001 Aaron Miller

    “When he returned it, he says an Enterprise representative told him he needed to fill out a damage claim form since there had been a hail storm in the area. ”

    I generally agree that pursuing damage claims weeks/months after the fact is not the best business practice. However, this was pointed out immediately upon vehicle return.

  • http://www.facebook.com/colgan102001 Aaron Miller

    I guess I should add: my views are mine And mine alone. They do not reflect the views held by Enterprise Holdings, Enterprise, Alamo, National, or any of its affiliates or subsidiaries.

  • lost_in_travel

    One does not need black lights or any other method to see hail damage. A huge hail storm went through my area and all the cars looked like they had been hit all over with a ball peen hammer. From the list of damaged areas, it must have been quite a storm and the marks would have been visible. If the storm caused that much damage to one car, it also caused it to many others and it will be well reported in the local news. Gorman and his insurance company should ask for an insurance investigation since they can find no record of a storm.
    To Aaron Miller – I have been addressed rudely by rental agents for photographing the car before I left the lot and also on return. One agent on check out, insisted on leaving the engine run for what would have been 20 minutes while he berated me for not taking the extra insurance – he was very rude when I suggested the waste of gas and pollution for the idling time and even worse when I photographed the car. So agents do try to bluster and threaten to get their way. Only because another agent called him off and apologized to me did I leave the lot with the car instead of without it.

  • sweepergrl

    I challenge your claim that “Enterprise does full pre-rental inspections with the customer
    present-it’s not like Mr. Gorman did not have opportunity to point out
    the damage if it was pre-existing.” In all the years I’ve rented cars from Enterprise, I have yet to have one agent do a pre-rental inspection with me. Instead, they ask me to sign a form saying the car has no damage, get mad when I refuse to sign until after I have viewed the car for myself and then get even more mad when I come back with photos showing that the car does indeed have damage and requesting the fill out a new form. They say they can’t do inspections with me because they don’t have enough people (the agent is often the only one working).
    And did you really say that it doesn’t matter how the damage got there, Mr. Gorman has to pay it anyways? Do you realize that you basically stated that Enterprise has the right to have employees purposefully damage the rental car and force whomever they want to pay for it? Even if it’s easy to see that the car was driven hundreds of miles after the renter returned?
    Your ‘defense’ of the company is only making it worse. You may want to stop while you’re ahead.

  • backprop

    I must have missed the part of the story where Enterprise claimed that Gorman was “behaving abusively” or “treat[ing] the employees like dirt.” Do you have a chip on your shoulder from working at a rental car company, by chance?

  • LadySiren

    Thank you for posting this; I was about to say something similar but you beat me to it.

  • sirwired

    The actual claim that was filed with the insurance company had utterly nothing to do with hail; if it was hail most of the damage would have been to the roof and hood. Instead the claim was for INTERIOR parts.

  • sirwired

    The “hail damage” story might be slightly credible if the actual damage claim that was filed with the insurance company has something to do with hail, as opposed to a laundry list of interior parts.

  • http://www.facebook.com/people/Alan-Gore/100000957978287 Alan Gore

    Gorman wasn’t some person who just wandered in off the street and started snapping pictures. Since the location were about to accuse him of damage to the car, he had every right to take pictures of the rental, which every travel writer today recommends as standard procedure.

    Their trying to stop him is, in fact, the best evidence that a scam is taking place.

  • Raven_Altosk

    Wow, you obviously have issues.

  • BillCCC

    I am not sure that a scam is involved but there has to be a lot more to this story. Filling out a damage claim because there had been a storm in the are to suddenly talking about interior damage just seems off to me. What was the customer doing that a black light was needed to see damage? Does Enterprise also use electron microscopes for paint chip damage?
    I hope to hear more about what is going on since both sides seem to be behaving strangely.

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    I think Enterprise must be the KING of rental damage claims. Here is my experience JUST LAST WEEK. My car is being repaired from a minor accident so my insurance sends me to Enterprise for a rental. I arrive and they pull the car out backing it in very close to a wall on one side. I proceed to video the car before renting as I always do but that side is difficult to see. I drive the car off and head to work. I purposely park it away from everything else at work and go on my way. I come out at lunch and there are two huge scratches on the rear driver side door. HOW THE HECK? I review my video tape and sure enough they’re there, barely visible but there on the side of the car backed up near the wall.
    I drive immediately back to the Enterprise yard and talk to the person who helped me. He doesn’t want to see the video, he takes my paperwork marks where the damage is sends me on my way. I’m actually surprised at how easy that was but then I notice, I don’t see any of the other cars in the lot backed in, just my car.

    Was I set-up to fail here? Did the agent know about this damage (very hard to miss when you approach the car) which is why he backed it into the spot making it hard to spot? If they didn’t know about the damage why were they so eager to clear it off my rental agreement. I don’t want to accuse them of anything but the whole situation left a very bad taste in my mouth.

    Moral of the story here is take photos and video of your rental before you rent it will save your but just like it did mine

  • Jeanne_in_NE

    +1. I’ve never, never, NEVER had an Enterprise agent go on a pre-rental inspection with me.

  • Chris B

    After reading your posts, you clearly have a personal vested company interest in this case. You are not referring to the same story I have read, so either you know information you’re not presenting or are assuming a lot of things that are not in the original story. Your arguments are without substance and present nothing but conjecture and opinion, and are not in any way legally-based. Shame on you.

  • deemery

    I think Mr Gorman should contact an attorney. This seems to go beyond a simple dispute.

  • SoBeSparky

    Chris, how many columns about Enterprise this year? Why not just create a “Wall of Shame” in your scam file, and place Enterprise on it as the first award recipient? It deserves every bit of the bad reputation it has.

    Second award recipient should be opaque reservation sites for the generous ratings of their products, such as hotel “stars.” I am sure these opaque sites also rate a Honda Accord from Enterprise as a luxury car (just kidding)!

  • tomjuno

    All this case does for me is to make me wary of ever again renting from Enterprise. Even if there was hail damage – which seems doubtful, given what I’ve read – I’d argue, through the credit card that presumably protects me from such car rental problems, that the damage is the result of normal wear and tear. In short, hailstorms happen, like tires that poop out on trash-strewn roads, and such is life nowadays. Car rental firms can’t expect every returned car to be in the same pristine condition it was when first purchased. Some franchisees are making it difficult for others within the same company, and the franchise needs to protect the good name of the company by bringing the renegades to heel.

  • chickadee

    Once my husband and I rented a U-Haul truck for the day, and while I was snapping photos of dents and scratches, the surly rental guy informed us that my documentation means nothing — if there isn’t a sticker placed by him on the damaged areas, then we did it.

    His bad attitude ensured that he had to place 37 stickers on the vehicle. It took about half an hour. He was fuming, but we had no damage charges in the end.

  • TonyA_says

    If he does this, then he should also have a place to praise the good guys. It is not enough that consumers should stay away from the bad guys, they also have to know who to do business with.

  • SoBeSparky

    While that sounds fair and the “right thing to do,” in fact it would be an impossible task, other than perhaps polls such as his recent best airlines consumer poll.

    Polls, also are notoriously inaccurate, as only the methodology of a J.D. Power or the reach of a Consumer Reports can give us a sample we have confidence with. Otherwise, it is always qualified with, “According to the readers of Christopher Elliott,…” And then people wonder, “Well, who are they?”

    The exception is what makes the news, not the ordinary. Thus, you do not read, “adulterer not shot by wife” or “car rental company gives honest bill.” Really, who cares?

    A merchant should be honest, forthright, charging a fair, fully disclosed price. Give honors for that? That would be like giving gold stars to students who do not cheat. The norm does not rate the attention the out-of-norm does.

    Chris had problems marketing his books on scams. Imagine how worse it would have been if the title were, “Non-scammed.” Zzzzzzz.

  • TonyA_says

    Is it really that hard to have a “Good Housekeeping Seal” for Rental Cars or travel products? I got to believe there are still a lot of old fashioned folks who want to buy only from decent vendors.

  • Carolyn Charney

    Wow! All that damage and the bill only comes to $2575 + deductible? Enterprise is letting him off easy!

    Actually, we stopped renting from Enterprise after they tried, unsuccessfully, to scam us. They did do a walk-around before we drove away and it was my husband who noticed the door dent, not the agent. When we returned the car, a different agent asked to see our contract. He hadn’t even seen our car yet. I asked him, “Why? To see if the door dent was on there?” He said, “Yes.” I asked him how he knew it was there, but he didn’t answer. This happened in the days before scamming became rampant.

  • emanon256

    Wow, this is over the top, even for Enterprise! Black lights? A passenger is responsible for damage that was not visible at the time of rental, to me that reads the renter is responsible for pre-existign damage? And hail damage to the head liner? Isn’t that inside the car? This is just insane! Its eems liek someoen at Enterprise has a personal vendetta out for the OP.

    I think that since the car drove 700 miles between when the OP turned it in, and Enterprise got an estimate, that Enterprise would not have a snowballs chance in hell of collecting 1 red cent.

  • emanon256

    Issues? This guy has entire subscriptions!

  • Dane Carpenter

    I second this. I’ve never been shown the car before the rental. I’ve requested it many times. I’m normally shown great hostility when I do.

  • emanon256

    Same here!

  • IGoEverywhere

    My American Express card and I would be all over this one. With my pictures of the car when I arrived and when I turned it in, with threats being made, and $500.00 charged to my card, we would attack! 1) Dispute the charge and refuse the new bill. B) Let the car company take me to court. C) Counter sue for my time, legal fees, intimidation, whatever my $1000.00 per hour lawyer suggests. Enterprise is acting quite foolishly. I only question why Gorman’s insurance is not stepping up a bit stronger.

  • Eric

    Sorry for the bluntness, but Enterprise just sucks. As someone who rents 25+ cars a year for travel I hate dealing with all of them, but Enterprise is the worst by far. My second worst experience has been with Alamo, which (surprise), is part of the same company as Enterprise. I always, always take pictures and am starting to go to video now as well. Thank goodness our company has moved away from them because of all the problems and we now deal with Avis. They still aren’t perfect, but I have had far fewer headaches so far.

    Until people begin to take their business elsewhere, nothing will change.

  • http://www.facebook.com/colgan102001 Aaron Miller

    My claims are not legally based? If you sign a piece of paper stating there is no damage on the car when you picked up the car and there is damage on the car when you return it, how are you not legally responsible?

  • http://www.facebook.com/colgan102001 Aaron Miller

    Yes, I’m saying that if the damage is on the car when they return and wasn’t on the car when they picked up the car, they are responsible. How the damage got there is irrelevant, since when you decline CDW, you agree to pay for any and all dAmage, regardless of fault.

    This is standard of all rental companies, not just Enterprise.

  • http://www.facebook.com/colgan102001 Aaron Miller

    It’s nice that you think so. However, rental car contracts state otherwise. There are clearly defined measurements of damAge, and hail damage is not normal wear and tear.

    I’ve said it before, and I’ll say it again: whether its regarding damage, authorized drivers, loss of use charges, etc.: you do not get to pick and choose which parts of the contract you want to follow.

    DISCLAIMER: My views are mine and mine alone and do not reflect the views of Enterprise Holdings, Enterprise, Alamo, National, or any of its subsidiaries or affiliates.

  • SK

    In fact, do them a favor and call the cops yourself. Explain you are being threatened by a business.

  • emanon256

    I am in the same boat, usually 50 or so rentals a year for me. I feel like enterprise used to be good, and then went down hill. I used to have a ton of problems with Avis, but after my company signed a long term contract with Avis they seemed to do much better. Its sad that they would treat people differently if they have a corporate contract or not, I feel they should treat everyone the same. We also have a contract with Hertz, and they were hit or miss before and after the contract.

    What I have noticed with Avis, is that they are good in corporate locations, and really bad in franchise locations. The managers at the corporate locations seem to know which ones are franchises and which are not. The corporate managers know their stuff. It seems to be the small airports that have franchises, and the major airports that have corporate locations.

  • LeeAnneClark

    LOL it’s been a long time since I’ve seen a comment that will be so universally reviled by the participants on this blog.

    We are all perplexed as to what story you are actually commenting on. Because this one mentions nothing about Mr. Gorman “behaving abusively” to anyone, or treating anyone “like dirt”. THIS one, in fact, mentions Enterprise employees behaving abusively to a customer whom they were clearly trying to scam, while he quite reasonably attempted to protect himself.

    But thanks for the entertainment! I do hope you figure out what’s wrong with your computer, as I can think of no other explanation as to why you are seeing things in this article that none of the rest of us see. (Either that, or perhaps you need get your meds dialed in a little better…)

  • http://www.facebook.com/colgan102001 Aaron Miller

    Everything in this story is told from the perspective of the OP, including the statements from Enterprise. To me, it’s a big red flag that the OP conveniently left out everything that he said and did. Also, if he has pics, why didn’t he send them to Chris? I guess that I don’t buy the whole “all rental agencies are evil corporations and any attempt to collect for damaged vehicles is a scam” thing.

    I also straight up do not believe that the OP had the police threatened to be called simply for taking pictures. I believe he was making a scene, was asked to leave, and subsequently did not. I guess I just don’t take a completely one sided story and believe everything at face value without giving the other party a chance to respond. That’s just me, though.

  • LeeAnneClark

    Mr. Gorman clearly stated that there WAS no damage, and he said so at the time this “damage claim form” was shoved at him. The fact that an Enterprise employee tried to force him to fill out a claim for non-existent damage does nothing to prove that there was any damage. The fact that Mr. Gorman was attempting to photograph the undamaged vehicle says a whole lot more.

    Hope they are paying you well, Mr. Miller. But one must wonder how you can sleep at night. Oh well, different people have different personal standards of honest and integrity. What must it feel like to have none, I wonder?

  • http://www.facebook.com/colgan102001 Aaron Miller

    Yup, I have issues with a story which is completely one sided and believing everything at face value.

    But hey, rush to conclusions all you want. I prefer to think over issue more critically.

  • TonyA_says

    I might have misread but I think Mr. Miller once said (in this site) that he works for a car rental company. Hence his unique insight on this case :-)

    At my car rental company, if a customer brings back a car damaged and CDW was purchased, we file an internal accident report, but it goes no further. Insurance companies use CLUE to share info; if nothing goes to an insurance company, nothing will appear On a clue report. The fact that CDW is not insurance but rather an agreement between the rental company and renter to not hold the renter responsible for damage is integral to this argument…

  • pauletteb

    @Aaron Miller: Are you perchance a rental car company employee/franchisee? That would be the only possible excuse for your ridiculous post.

  • pauletteb

    Believe what you want (you’re obviously the 1% who voted that Enterprise wasn’t trying to scam the OP). But you have far less “proof” to back up your assertions than the OP does.

  • Raven_Altosk

    Ah ha! He is a rat.

  • LeeAnneClark

    Me neither. I rented a car from Enterprise just a few months ago. NOBODY inspected the car – nobody was even anywhere NEAR the car, which was in a parking garage far away from the rental desk in the airport terminal. Not only did nobody inspect it, but it was nightime and the lighting was poor in that garage. I used a flashlight that I carry in my purse to do my own inspection, and took photos.

  • TonyA_says

    Also below:

    I happen to work for Enterprise, and in my dealings with damage claims on a daily basis, customers are rarely calm and rational about it.

  • pauletteb

    Raven: How many times can this guy hit the “negative response” arrow in response to his own posts?

  • Raven_Altosk

    So you think it’s fine for an employee to threaten someone with damage and then when said person wants to take photos to threaten to call the police? What agency do you work for so I can be sure to never to rent from you.

  • LeeAnneClark

    Aaron, I hope you are using a pseudonym. If not, Enterprise will soon be aware that you are costing them business. I can assure you that I am not the only reader here who will NEVER NEVER NEVER rent with Enterprise again…mainly because of your obnoxious, belligerent and dishonest comments.

    Actually, let me restate that: I hope you are NOT using a pseudonym. Good luck keeping your job, dude.