Can this trip be saved? Enterprise blacklisted me for a cracked bumper

Mary Dampier’s rental from Alamo was problem-free until she returned the vehicle to San Francisco International Airport. That’s when she was drawn into what she says is a frivolous claim that has ended with Enterprise (which owns Alamo) threatening her with a collection agency, legal action and being blacklisted from renting with the company again.

The problem? The cracked bumper (above) which Dampier says was pre-existing. Alamo wants $481 for repairs, but Dampier insists she didn’t do it.

Will Alamo sue her for $481? Probably not. Will it report her to a collections agency? It could, but she has certain rights that could render the collection-agency route ineffective. And being blacklisted would be a problem, but Dampier has no intention of renting from Enterprise again.

So what’s the issue here? She’s worried about her credit score. But mostly, Dampier doesn’t like being accused of something she didn’t do, and wants me to step in to clear her name.

Before letting you vote on whether I should help, let’s hear her side of the story:

I rented the car from Alamo from Oct. 1 to 3. I drove it 81 miles total. It was parked most of that time and the vehicle was definitely not damaged during my rental.

When I arrived in San Francisco, I checked in at the rental desk at SFO. I was directed to select any of the cars in a certain row in the dimly-lit, multi-level parking lot. There was no attendant to assist me. The keys were in the car. I selected the only Toyota.

I walked around the car for a visual inspection and noticed that it was a slightly dirty in front. But I saw no dents or dings. I considered having them run it through the car wash again (I’ve done this before) but I had an appointment to get to.

I drove the car 81 miles during weekend rental period — mostly from the airport, to my Oakland appointment, Fort Mason, and back to the airport. I parked carefully, pulling in facing a wall or building. No one could have impacted the car from the front during the time it was parked.

When I drove it, I didn’t run over or hit anything. Actually, it was a pleasant driving experience.

When I returned it to the airport, the agent walked toward the car from the front and said to me as he approached, “What did you hit with the car?” I thought he was joking.

He pointed out what appeared to be a crack in the lower portion of the front grill. I didn’t see it right away – I had to get down low to view it. It would have been easily missed in the dim parking garage where I picked it up. I told him I’d parked it safely during the time I had it.

But he said no, suggesting I’d run over a pallet, or ladder, or some other hazard in the road, because, he said, that’s what causes this type of damage.

I disputed the damage on the spot, telling him I didn’t hit a thing and that this damage had to have been pre-existing. Thinking about it now, this car had Utah plates and 15,615 miles on it … lots of opportunity for someone else to have done the damage I’m being blamed for.

What followed was the predictable flurry of phone calls and letters between Dampier and Alamo’s damage recovery unit, with her insisting she’d done nothing wrong and the car rental company insisting she was responsible.

It isn’t clear to me that Alamo showed her conclusive evidence that the car was damaged on her watch. As far as I can tell, it only sent her the photo showing what appears to be a cracked bumper, which doesn’t really prove anything.

Dampier made some critical errors during her rental. She should have insisted the car be examined by an Alamo employee before renting it. She should have documented the problem bumper and asked an associate to acknowledge the pre-existing condition. Even if she failed to do all of the above, she should have spoken with a manager after the damage was noticed on her return, to fully explain her situation.

If Alamo didn’t document the damage on her vehicle before her rental, then it is well within its rights to ask her to pay. However, threats of legal action, reporting her to a collection agency and blacklisting her, are a little bit over-the-top. A vast majority of car rental customers are eager to pay for real damage to a car and are offended when a company becomes aggressive.

Indeed, in a recent interview, Enterprise’s vice president for corporate loss control, Roger Van Horn, suggested this is not how his company normally handles damage claims.

On rare occasions, if we reach an impasse with a customer, we refer a claim to an outside collection agency for further handling – but only as a last resort. We prefer to work with our customers directly so that they are comfortable with the process and continue to do business with us.

What do you think?

A poll of nearly 800 readers finds a majority (73 percent) want me to mediate the case.

Update (12/1): I just received word from Enterprise that the case has been dropped.

  • Marc

    I voted no. This is a simple he-said-she-said type of situation and I think your efforts are better used for the more complicated (and more expen$ive) problems. The OP made more than one mistake here. 1) She should have insisted upon having someone run through the car when she picked it up; 2) she should have taken pictures of the car (how many times do people have to say that?); 3) she should have escalated immediately to a manager/supervisor upon return.

    I’ve rented cars from Alamo at SFO and yes, the parking area is very dim. BUT, there is *always* an attendant available. If one wasn’t hanging around where the cars were, you can certainly insist that the agent you hand the paperwork to (when you leave the parking garage) inspect the car for damage. It takes less than 5 minutes. While I feel for the OP, I think there were too many mistakes made and your efforts are better used elsewhere.

  • SirWired

    It is the renter’s responsibility to check out the damage prior to checkout… this isn’t like most of the stories where the damage was noted well after return.

  • Kevin

    I can honestly say that this is a case of someone being in too much of a hurry to inspect the car carefully before renting. If the Garage was dimly light, it would’ve taken an extra 2 minutes to pull it outside, step out of the car, and walk around it. Not to mention, if it was that dimly light, how did she notice how dirty the front bumper was?
    I’m not saying that the car was or was not damaged before she got it. I’m saying that she screwed up in not following the correct rental procedures and it bit her in the butt and now she wants to cry about it.
    The car rental company SHOULD send her a copy of the previous renters clear check-in form AND a copy of the repair invoice at the very least. This would at least give some proof that it wasn’t pre-existing AND that they repaired the car instead of pocketing her money.
    I voted No and that she needs to chalk this up to a learning experience.

  • Datanerd

    Interesting. Most people’s deductible on their insurance is $500. It’s coincidental that the charge for repair is $481, so Ms. Dampier won’t need to report it to her insurance company.

    Also, this looks like something that could reasonably considered normal wear and tear. I wouldn’t get it fixed if it was my own car. It doesn’t appear to affect safety, or appearance unless you’re under the bumper.

    I vote to get involved.

  • sweepergrl

    I want to point out that I have had plenty of times where the attendant refused to come out with me to check out the car. I’ve heard a number of excuses, and being the only person at the desk is a legitimate one. So refusing to leave until an employee inspects the car with you is a good way to end up with no rental car.
    I’ve never rented a car at SFO, so I can’t speak to the lighting and staffing there. When it comes down to it, Enterprise hasn’t proven their case conclusively and it should still be innocent until proven guilty for Ms. Dampier. And it’s not like we haven’t heard this rental car scam before.

  • JBrook

    I voted yes but thats only because Im highly suspicious of whether the damage would actually be repaired, that is a very small crack in the bumper and I doubt that is something they would have fixed, if they do, then she should pay up. However, this is very common damage for cars and most owners never get these kind of small cracks fixed, we want lighter cars so they make the bumpers of all things out of the easiest to break materials on the cars, so the only repair possible is replacing the $500 bumper. She is a victim of circumstance really, but again, if they indeed fix the car, she should pay.

  • Leslie

    I voted “yes” because it seems like car rental companies are taking advantage of more and more people this way; however, like the earlier posters already noted, I’m not sure how you can prove it other than taking her at her word.

  • Dr Bill Toth

    I voted yes. I’m having a similar experience with Enterprise and they have yet to provide any of the documentation this column has regularly recommended when disputing their “claim”. Also, when taking pics of your rentals before/after make certain you use a camera that takes good pics in low light conditions…and that would NOT be an iphone.

  • William

    I voted yes. I disagree that the burden of proof rests entirely on the renting customer. Yes, it would be a good defense to photo the car from all angles.

    But should the renter also crawl underneath to see that the cat converter and muffler are not damaged and that the parking brake cable has not been pulled out of place? What if there is insufficient oil in the engine and it seizes up 10 miles down the road? Is that the renters responsibility, too? The agency could claim that the renter was driving the car in low all the time and charge for a new transmission or engine.

    It seems to me that the renting agency has some responsibility here.

  • http://www.singleparenttravel.net John Frenaye

    I also said no. She did not check it. That is too bad for her. And the damage was obvious enough for the return agent to notice it upon approach to the vehicle.

  • http://www.traveldudes.org Melvin

    Being a travel agents for years… these stories are why I always recommended a full coverage insurance when renting a car! You can’t see every scratch at your car. You just arrived, you are maybe in a hurry & your mind is elsewhere. This situation is normal & car rental companies know that & take profit of it.

    In the end it’s her fault as she didn’t notice it, but it’s a very unfair game of the company to go that way!

  • http://www.mccooltravel.com Charles McCool

    I notice that most of the rental car problem articles involve certain companies. Coincidentally, I do not use these companies (because of reputation) and have not encountered similar issues. I have had a cracked windshield, tire problems, dead battery, and more–but never had a problem being charged extra. Using a high quality company results in a high quality experience. I also pay less when renting from my preferred firms, because I use excellent discount programs.

  • Teresa

    I voted yes. The burden of proof has to be shared. Rental company practices do not make it easy for customers to document damage to cars at checkout. Cars are parked in dim lots and it is difficult to get an attendant to help check over the car. Even a careful check may miss some damage. It should be rental companies’ responsibility to take pictures. They should also be required to inform customers of preexisting damage. From the photo, this crack appears to border on normal wear and tear.

  • KathyJ

    Yes, you should get involved, at least to the point of asking for previous rental records and the repair estimate. Of course the OP could ask for those herself, but apparently is not aware of the things she could do to protect herself. But since the company has escalated this issue so fast, with threats of a collection agency and legal action, and since this behavior is not what the CEO says is standard procedure, it is doubtful to me that the OP would get the paperwork from the company. So it will take a third party (you) to resolve, and probably at a higher level than the local manager.

  • Christina

    Woo hoo! I finally got to vote (west coast)-I voted yes, and here’s why: I usually would vote no on something like this because it is ultimately the renter’s responsibility to check for damage before leaving with the vehicle, and due to her hurry, she did not. However, given the circumstances, it sounds like a scam to me. The agent immediately notices the bumper when he comes walking towards the car when Dampier has to get close to even see it? There are too many situations like this happening today, and it needs to stop.

  • John

    I voted NO.
    Once she drove off the lot, she’s liable for any damage to the vehicle. By her own admission, she failed to check the vehicle closely before leaving with it.
    Alamo has their proof. She signed a contract with no noted damage and now the damage exists. Let me say that again.

    She signed a statement that the vehicle was damage-free prior to leaving the lot. They pointed out damage when she returned. She admits that the damage was there. It doesn’t get any more cut and dry than this.

  • BucksterSF

    If the car were dark blue or black i would have given her a pass, but this is clearly visible damage on a white car. I also think she probably didn’t do the damage. But she didn’t check. Sometimes being in a hurry just costs you.

  • BucksterSF

    Why so many nasty stories about the same companies? I rented form Enterprise once in the 1980s, and they said the rate I was quoted online would not be honored. Period. Take it or leave it. I took that rental, and never even considered them again.

  • Tim@OKC

    I voted yes. My reasoning is that I’ve been down this trail with this particular company, so I’m a little “jaded” about them trying to pull what amounts to nothing more than a scam.

    I can tell you from personal experience that speaking with the on duty “manager or supervisor” is POINTLESS. All they will tell you is “once the damage is noted by the return agent, we can’t overide them. You’ll have to take it up with our claims department”. In my encounter, they wouldn’t even leave their office and walk out to the garage and see the “damage” themselves, and it was 0630am and there was NOT a single customer at the counter yet. (they stated they were busy getting ready for the day)

    And it is NOT a company policy of Alamo’s to leave the pre-existing damage form in their vehicles. The rentor is supposed to know to note any damage on the back of the rental agreement, or so the manager I spoke with told me. So I’d really be interested to know if Alamo has any documentation to proof whether the vehicle was damaged by prior renter or not?

    At this point, Alamo pretty much knows that even if they were to take the money loss, close the case, and un-blacklist the renter, she’ll probably never rent from the again due to the POOR customer service. (I know I haven’t rented from them again) So there is no incentive for them to do so, they’re out for their “pound of flesh” @ the going rate of $481.00……….

    And I read the interview with Mr. Van Horn when it originally was posted. My observation is that there are several layers between his office and where the rubber meets the road.

    But again, my view is somewhat jaded………..

  • Anon

    It’s impossible to vote without knowing more details.

    Did she not take any before-photos?

    Why was there no inspection completed before she drove off? Or was there?

    If there wasn’t, what does her contract say in terms of damage that occurs without the car being inspected first?

    I want to vote yes, but there’s too little information for me to side. And that’s frustrating, because I bet a large part of the “yes” and “no” votes are based on sympathy vs. strict adherence to the rules, as opposed to what actually happened in this case.

  • Roberto

    I voted “no”. She probably hit a rock or something and didn’t realize it.

  • Sarah Di

    I’m on the fence about this one. On the one hand, she should have taken more time and either had an employee examine/clear the car or taken the time to video/photograph the existing damage. On the other hand, if the damage is that slight and difficult to see, it may very well have not been found in a pre rental examination and she’d be in the same position. Also, did the car rental company provide an invoice for repairs, proving that they did repair the car? I voted yes. I think that she may be on the hook for it since she didn’t note damage when she picked the car up, but looking into a little further might scare the car rental company into giving up the claim if it is a scam. If they never fixed the car and the car was never out of use, she shouldn’t have to pay.

  • Preston

    I read your column everyday and how many topics like this will it take before people become aware. I never rent without a camera and always take a few pictures to prevent problems. Case closed!

  • Di

    I agree with Christina. It is suspicious that the agent saw the crack as he was walking to the car. From the picture, I doubt that you could have seen it from a distance (ie about 10 feet). I have a funny feeling that the agent knew about the crack before he approached the car. Add to that the fact that the car was dirty before she picked it up.

    I voted yes.

  • Texas Road Warrior

    I’m going to vote yes only because I’m presently involved with the Alamo damage recovery unit for a recent rental at Boston Logan Intl.

    They allege the rear bumper was damaged while the vehicle was under my control and I owe them an amount that is less then my deductible (sound familiar?). The damage they claim I’m responsible for would have been detected when luggage was removed from the trunk. Furthermore, I have a signed receipt from their attendant who checked in the vehicle that there was no damage to the vehicle. What’s interesting is the damage recovery department will not acknowledge their employees sign off that there was no damage to the vehicle.

    Will I rent from Alamo/National in the future? No.

    Will they send me to a collection agency? Probably but under federal law I can fire them with a simple letter.

    Will they sue me me? I don’t think so but if they do I have the signed receipt that there was no damage.

  • Dan

    I always vote yes for mediation on minor rental car dings.

  • David

    I am not sure if Alamo does this but certain rental car agencies at airports, take a picture of the car as it is returned and when it goes out. Did anyone ask if Alamo does this and if there are pictures? This is the reason why I carefully check all around the car, the roof and windows before I drive off in the car. I say “yes” Chris should advocate this case.

  • brownlunchsack

    Whenever I’ve rented from Alamo at an airport, they give me a sheet of paper to note any damage, then tell you to hand it to the agent at the parking lot exit. I always mark everything off as being scratched/damaged so that even if I do damage the car with minor scratches, I can point to a piece of paper that says it’s pre-existing.

    On a note related directly to this case, I’ve never understood the excuse “but I had an appointment to get to” as a good reason to not spend an extra 2 minutes to look over your car. If 2 minutes will make you late, then you deserve whatever consequences you may incur as a result of you not allowing enough time to get to where you’re going.

  • Mike H

    What rights were meant when talking about Enterprise reporting the amount to a collection agency?

    >>> Will it report her to a collections agency? It could, but she has certain rights that could render the collection-agency route ineffective. <<<

    That would be Enterprise’s main way to collect – basically blackmail. You pay, or we ding your credit score. Doesn’t matter if the charge was legit.

    And I voted yes.

  • Monica

    I’m in the middle on this one. I also find it suspicious that the agent was quick to find this damage, but I also think that the damage on a white vehicle should have been easily seen on the pre-inspection. An inspection the OP admits to not completing as thoroughly as she could have.

  • Carver

    I voted yes, to me, as long as the requester has a legitimate complaint that seems to me a sufficient reason for Chris to help out, particularly if its already caught his attention.

    @brownlunchsack

    Did it occur to you that the OP’s lateness may be beyond her control. Flight delays, last minute schedule changes, etc. Happens to me all the time, and I always give extra time for delays. Its a guess and sometimes you guess wrong

    @marc

    $481 may be alot of money to the OP.

  • noah

    Let me get this straight. Dampier says that, when she rented the car, she looked and saw no dents on the front of the car. She agrees that when she returned the car, there were dents on the front.

    No brainer. She has to pay the $481.

  • Aaron

    I voted yes. The burden of proof ought to be on the car rental company to review the car with the renter before it leaves the lot. Why has the burden of proof shifted to the customers? Clearly, rental-car companies do not repair the damage they are charging for, otherwise the cars would always be perfect. Come to think of it, doesn’t that constitute fraud? If a rental car company charges me for insurance, and I damage the car, and they don’t repair it, why have they taken my money? Maybe it’s time for investigation and/or legislation.

    Aaron

  • Joe Farrell

    I voted no – here’s why. . . .

    1. where the crack is one could have very easily hit a kerb or bumper thingy in a parking space and never knew it so she could have done the damage and been completely unaware of it –
    2. If the company has reached the point where they have blacklisted her then what are going do? Lose face and go through this again with her?

    Given that EITHER side here could be right – don’t bother – Enterprise isn’t gonna change its tune and she truly believes she did not do it.

    As for credit score- all she needs to do is send a clearly worded letter of three paragraphs length protecting her rights under the FCBC Act and be done with it – if they report her and fail to note her dispute its defamation of character and they would lose that lawsuit . . . .and pay a heckuva lot more than $481 .. ..

  • Mel

    I voted yes. Both sides have legitimate sounding reasoning going for them. The bumper was damaged at some point and the OP sounds genuinely like she’s certain that it couldn’t have happend in her care. An objective third party involvement may just help bring some clarity and a compromise resolution both sides can live with.

  • Greg

    Is the picture on this blog the actual picture of the Car? Because if she said it had Utah plates, that is not a Utah plate in the picture.

  • John

    I guess I’m really lost on this one. If Alamo can’t collect in this case (by her own statement, she didn’t see any damage when she left and there was damage when she returned), is there any case where you would support a rental car company?

  • Bill Foster

    I voted yes as she needs the help! She is a bit “ditsy” to me as she said Utah plates were on the car when the photo shows NEVADA plates! I think she should get help from someone…. is there a Dr in the house???? Besides who trusts car rental companies? Not me! Least not Enterprise, worst scammers of the bunch for sure, based upon my personal experience!

  • MVFlyer

    I voted yes simply because Alamo has the worst reputation in the industry. Hopefully it will get better under Enterprise, but alas, it hasn’t yet. Personally, I’m sick and tired of rental car companies trying to pawn off their problems on others–sometimes they have legitimate claims, but more often than not, it seems they want to stick it to someone, and so they stick the last driver that they see with the bill.

  • DN

    I voted “yes”, mostly because it’s one of those cases that doesn’t seem kosher. The check-in agent immediately knew there was damage?

    I’ve rented from SFO but not from Enterprise at SFO. For Hertz, Alamo, National, and the others, they have an off-site Rental Car facility which is a dimly lit parking garage 24/7 – even under a bright sunny day, you can’t really see the car very well. To get a spot with sunshine, you need to exit the facility or hope you rent from a company where they have a car against a railing. Many of the cars are washed, but it still doesn’t get rid of the grime on the car. A lot of times, I walk around the car and see something that appears to be a scratch. But when I rub it with my fingernail, it turns out to be road tar, bird refuse (which I then clean my hands with Purell), or dirt. Freshly washed (wet) cars in dimly lit buildings really don’t reveal scratches very well, even using a flashlight.

    The other concern is that employees are very hard to find and damage report forms are even harder to find. A significant number of airports have employees who write the damage on the contract, sign with their signature (I hope), and that’s all they are willing to do. Some exits are staffed by security guards who will *NOT* take damage reports, and either you hold up the line until someone agrees to sign something, you reverse, or you say “forget it”. The car rental facilities make it very very difficult to protect yourself unless you pay $20-30 for their insurance.

    I rent less now, but I rented about 200+ cars in the last 4 years so I have a lot of experience with this – and probably 30 of them were at SFO.

  • Di

    >>> Greg: Is the picture on this blog the actual picture of the Car? Because if she said it had Utah plates, that is not a Utah plate in the picture.<<<

    You know, you are right! I just did a quick search and the partial plate shown above is from Nevada, not Utah. If the OP is correct in stating that she saw Utah plates on it, then the picture is not of the car. (unless Utah issues different plates for rentals). Now I am glad I voted yes.

  • DJP

    I think the rental car company is playing a game of gotcha.

    They may have noticed this care had damage and then waited for someone to not notice it initially.

    I would like to see prior rentals with this car where damage was notified prior to her rental. They are supposed to keep these records.

    This is in an area where it is difficult for people to check every spot. Are they coing to provide a car life to check the undercarriage before renting?

  • Brian C

    I would have voted YES because car rental companies just love to do this kind of thing. Until they tighten their control on damage controld and insepection they should not be able to pull this trick on unsuspecting renters.

    The car was not inspected before it left their possession so they have no proof that the damage occured while it was in Ms Dampier’s control.

    The entire problem with this scenario is that car rental companies don’t want to pay extra for associates to inspect cars at both ends of the rental contract. Most damage is pretty minimal and coupled with the fact that most people roll over and pay the loss from this kind of damage (or their insurance does) it is far less expensive to take an occasional loss on damage than it would be to pay for the extra man power to do more thurough damage inspections at both ends of the rental period.

  • Sandy

    I vote “Yes”. I’ve encountered a lot of careless Alamo rental agencies at various airports numerous times where they don’t even provide a form to be filled out for damages or scratches on a car until the I requests for one. With that said, many renters might have the “out of sight, out of mind” for those forms when not provided by the rental agency at the time of contract signing. Dampier maybe in this situation. Alamo needs to prove the damage was caused by Dampier.

  • dennis kavanagh

    Chris, You should mediate for the lady. However, her worry about her credit rating is not an issue. I also wonder if she used a credit card. Did she go through the steps of contesting the charge? Was the charge already put on her credit card?

  • Eric

    @ Datanerd

    I’m (usually) not a conspiracy nut, but I will say it seems a little peculiar.

    Two weeks ago someone scraped the rear of my car while trying to pull in to a parking space. They were nice and left a card with their insurance info. It was a handful of minor scrapes that needed only sanding and painting but the total bill from Toyota was still $737 (nothing had to be replaced, it was cosmetic only).

    The front end being broken like that would require the whole front fiberglass piece to be replaced. Rental companies aren’t going to “slap some filler” on it and call it even. The front end alone would cost more than $481, not counting the painting and installation costs.