I rented a clunker — now they want my cash

Question: I recently rented a car from Enterprise in Jacksonville, Fla. I was asked if I wanted optional insurance, and I declined. At first I was told that there were no cars available to me, but as I waited, another customer returned a car, and I was told I could have that vehicle at the same rate I had originally been quoted.

The car was a mess. It had paint on the outside of the windshield and no gas in the tank. An Enterprise representative thrust a clipboard into my face and told me to “sign here.” I did.

I drove the car home, where it was parked in my driveway the entire time. When I returned the car, I was told that I had damaged it. I was speechless, since there was no way the car could have been damaged in any way while it was in my possession. A representative said she would write something up and send it to me. Later, I received a bill for $775 from Enterprise. I did not damage the car. What can I do? — Nancy Westcott, Jacksonville, Fla.

Answer: Enterprise should have offered you a clean car with a full tank of gas, and given you enough time to inspect the vehicle before driving away.

Sending you on your way with a car you didn’t want, and that hadn’t been properly serviced, is not anyone’s idea of good customer service. Pursuing you for damage that you probably weren’t responsible for — that’s also questionable.

I don’t understand how Enterprise could have offered you insurance, but then told you it didn’t have a car. Why would you want insurance if you didn’t have anything to drive?

But more to the point, why would you accept a car that had no fuel in the tank and looked like a wreck? If a car rental company runs out of vehicles, it needs to find a car from another company and pay for it — at least that’s the industry standard policy.

When someone stuck a clipboard in your face and ordered you to sign, did you read the document? Normally, you’ll find a diagram of a car where you can note any pre-existing damage to the vehicle. It’s important to note everything that you see, even the smallest scratch, because when you return your rental, the company will.

The empty fuel tank is troubling, too. Not only would you have to fill the tank, but you’ll be expected to return the car with a full fuel tank unless you make special arrangements with the car rental company. It’s unclear if you were able to do that.

Once Enterprise decided to pursue you for damages, having the proper paperwork that notes the pre-existing problems, would have made this an open-and-shut case. But without any notations, Enterprise would be forced to assume that you were responsible for the car as it is — scratches, paint and all.

I wouldn’t have driven off the lot without first trying to resolve this. Don’t let someone “get back to you” with a bill. Ask to speak with a manager and explain the situation. If the representative from whom you originally rented the car is available, it might be easy to fix this claim this by asking to speak with him or her.

Once you’re at this stage, where the car rental company is sending you a bill by mail, all hope isn’t lost. You can (and should) request written evidence that you were responsible for the damage, including repair bills and any evidence of loss of use. Ask for time-stamped photos and invoices that show the car rental company had to fix the car after you rented it. Copy the attorney general and insurance commissioner in the state in which you rented the car. Often, the car rental company will back down, because it’s difficult to conclusively prove you were responsible for the damage.

(Of course, if you were responsible, I’m not suggesting you try to use these tactics to avoid paying the bill. I’m just saying that you shouldn’t pay for something you didn’t do.)

I contacted Enterprise on your behalf, and it agreed to drop its claim.

  • SirWired

    I will point out that renting a car without a full tank is par for the course with non-airport rental locations. I’ve done it more than once, and it’s not a big deal. You just have to verify that the rental contract notes the not-full tank. While I’m not saying it couldn’t happen, I’ve never had that be a problem.

    I will note that it certainly is a lot easier to return a car full to the brim than trying to guess how much you need to gas the thing up to nudge it up a quarter-tank…

    This is ANOTHER object lesson in inspecting the car before you rent it unless you select the insurance. NEVER let your (or their) hurry to rent the car stop you from noting damage to the vehicle before you leave unless you are prepared to pay the consequences.

  • Aaron

    Chris, Enterprise is one of the agencies that just requires you to return the car with whatever the gas tank is at when you borrow it, so if its empty, it would be expected to be returned empty. The fact that they gave her an empty tank doesn’t surprise me.

    Personally, I do a once over on any car I pick up, so this doesn’t happen.

  • Datanerd

    I know in Orlando (At the airport) two years ago that we rented a car from Budget, signed a contract, then they told us that the car would be ready soon. We had to wait an hour and a half because the car wasn’t ready. I was pretty hot about it, and the counter reps didn’t care; they just kept saying the car would be ready soon. By then they had the signed contract, credit card, and the time was already running on our rental.

    They have improved since then; in November it was already ready for me and didn’t take long at all.

  • Linda

    In October we rented a car from Thrifty. The car was actually very nice but had minor spots of paint on it like it had been splashed and a small crack in the taillight…all together after scanning the car on alll sides, including door edges, trunk and hood edges, we had a list of small imperfections a page long. We did this because of all the horror stories I had read here. And thank God we did. When we returned the car the person checking it kept pointing out these things and my husband just kept pointing out that they were all noted and signed by an agent when we received the car. Thank goodness for Elliot, I have no doubt that we would have been billed for all the “damage” though minor, in a big way!!! And after reading all your articles (obvious in the fact that she knew to write you) I cannot believe this lady STILL rented this car!!!

  • Michelle B.

    Why did he rent a car if he just parked it in his driveway the whole time?

  • Dick Rubinstein

    I rent from enterprise all the time – usually at airport locations, but knowing they have locations in so many local areas that other major firms do not have. But every time I get a rental they are most personal, escort you to choose a car give a bottle of water, and most importantly do a thorough walk around the car noting even the tiniest of nicks or scratches as well as the fuel level which is usually completely full. And they were the first firm I noticed years ago that offered the option if returning with a full tank ir prepaying and bringing it back empty. I like thus company and do not (nor ever have) work(ed) for them . And thei standard rates are usually far better than the other major firms

  • http://www.thetravelinggiraffe.com Crissy

    I have also rented cars on several occasions that did not have a full tank of gas. You just have to make sure it’s properly noted on the rental agreement and return it with the same amount.

    But everything else in this story seems a bit off.

  • BG

    I had a similar situation with Enterprise in the Chicago area and on my contract it stated the damage was on the right side of the car but when I returned it they said the damage was on the left side of the car and NOT documented on the contract so they billed me about $700+ dollars for the damage. I said, clearly it was an error on your representatives notating of the contract as there was NO damage on the right side of the car where they stated there should be some and I was picking up the car on a dark rainy night and I had already been driven about 40 minutes north to get the car because the location I made the reservation at had no cars. I admit I was rushed in my signing off of the contract but I entrusted that the rep could notate the damage correctly as that is what they are supposed to be trained to do. Fortunately at the time I carried very good insurance with Esurance and I had a $0 deductible for collision so I handed it off to them for them to resolve with Enterprise but I believe it was paid. A hard lesson learned and so from that point forward no matter what I inspect the rental cars thoroughly (including the windshields as I’ve had issues with them too with car rental agencies) and I even go so far as to have them notate any interior damage. DO NOT ever let a car rental agent rush you through that segment of the contract as it’s very costly in the end.

  • LadySiren

    @Michelle – It might’ve been that the car was in the shop and the OP wanted to have a vehicle on-hand just in case. If the OP ended up not needing to drive anywhere, it would then make sense that the rental sat in the driveway.

  • SFT

    I’ve had a near identical experience with Enterprise. I turned my car in for service work and my dealer used Enterprise to provide loaner cars. I was given a Jeep in poor shape that looked very much like it had been driven very aggressively off road. The rep pushed me very hard to take on extra insurance, something I did not do. I did inspect the car carefully noting the significant damage present. The car was in such poor shape that I merely drove it home, put it in the garage and left it there until I returned it. Upon returning it, the agent indicated there was a crack in the windshield and said I was responsible. I knew I had not done it, had probably missed the small crack that had been there and told them I had no intention of paying for damage I clearly did not cause. My appeal to my dealer to get involved went nowhere. In the end, I made it very clear to Enterprise what the situation was, the state of the car, my view of the situation and how inappropriate it was they were acting in this way. I made it very clear that I would do whatever was necessary to fight what I felt was little more than an attempt to rip me off. In the end, they backed down. Sadly, this company has a rather sordid reputation for trying to pull this kind of thing. They know it and they know how it would impact any attempt to collect on trumped up charges.

  • Bill

    Anyone who regularly reads this column should have a modicum of common sense when it comes to renting cars.

    Signing without documenting damage is a recipe for disaster.

  • Arizona Road Warrior

    @ SFT – “The car was in such poor shape that I merely drove it home, put it in the garage and left it there until I returned it.”
    - – - – - – -
    Why rent that car? How about asking for another car or going to another car rental company?

    @ Datanerd – “I know in Orlando (At the airport) two years ago that we rented a car from Budget, signed a contract, then they told us that the car would be ready soon. We had to wait an hour and a half because the car wasn’t ready.”
    - – - – - – - -
    Why wait? For example, if I have a confirmed reservation for pickup at 1:00 PM and the car isn’t available by 1:10 PM, I will be asking for a discount or an upgrade. No discount or upgrade, I will be out of the door going to another car rental company.

    While it has been rare that my rental car wasn’t available but I have either received discounts (i.e. $ 25 off) and/or upgrades. It is not my fault that the car isn’t available (if you return a rental car one minute\one hour pass the 24-hour mark, you will be charged for another hour or day) and my time is valauable.

    @ Linda – “And after reading all your articles (obvious in the fact that she knew to write you) I cannot believe this lady STILL rented this car!!!”
    - – - – -
    I agreed. It blows my mind when people do stuff when common sense tells me to walk away.

  • BucksterSF

    “The car was a mess. It had paint on the outside of the windshield and no gas in the tank. An Enterprise representative thrust a clipboard into my face and told me to “sign here.” I did.”

    This is what my Grandpa used to call “stupid tax.”

    I feel for the OP but come on. Really?

  • SJP

    This is exactly why I refuse to rent from Enterprise anymore. A few years back in Orlando when I went to pick up the car, they tried and tried to get me to agree to pay for an upgrade and when I refused, they made me wait almost an hour before they came up with a 40,000 mile clunker. Despite some posts suggesting that you can just walk to another rental agency, when you’ve made a reservation at a decent rate, the walk-up counter rate is nowhere near the same so going elsewhere wasn’t an option. The last time I rented from Enterprise, they billed my credit card AFTER I already paid cash for the rental. If I didn’t keep the receipt for several weeks, I would have had to pay twice. Just accept it as a life lesson and find another rental company.

  • tim

    Last summer, I rented from a Thrifty location that had reports of being somewaht shifty. Before I traveled, I merely made a reservation for 30 minutes later through Travelocity in case I ran into problems with Thrifty and wanted to walk away but not be faced with a walk-up rate. Once I got the satisfactory service at Thrifty, I called Travelocity’s 800 number and canceled the other reservation before pick up time.

  • Eric

    Enterprise here in Gaithersburg, MD always rents their cars half-full even though there is a gas station less than a block away. I figure they do this to squeeze a little extra money out of the customer on fuel charges.

    The only way you win is by bringing the car back with exactly the same amount as when you checked it out. Less gas and the agency will ding you to that. Bring it back with more gas, and you’ve just given them free gas, which I doubt the agency will donate to the next renter

  • Chicky

    The OP made some mistakes, no doubt. But here’s a very important fact: Enterprise agreed to drop the claim after Chris contacted them. Why? If they knew they had a solid case, there’s no way they’d have dropped it. The fact they just dropped the claim after one contact tells me they knew they didn’t have much of a case anyway. If they felt like they really had a case against this woman, they’d have politely told Chris to buzz off.

  • Mike Z

    Enterprise has always rented cars around me with less than a full tank. There is a notation on their forms as to how much fuel is in the tank. if you return it with as much fuel then you are good. I’ve become quite good at putting in $3 in gas to make it hit the mark perfect so that they don’t get more fuel in their cars than I got. I’ve also never gotten a beater in my area either. All cars are relatively new and damage free.

    The only time I ever got what I would consider was a rough rental was in Las Vegas when we rented a Ford Taurus 4 cylinder that averaged less than 20 mpg even when travelling from Vegas to Death valley in 70 degree weather. There was something wrong with that car for sure. But, it survived our trip and we turned it in with no new physical damage.

    I’m with the others on this one in wondering why anyone would rent a car that had obvious damage and not note it.

  • http://www.historyaliveproductions.us Lloyd Wheeler of History Alive Productions

    After reading many suggestions to photo rental cars on pick-up and return as proof of condition, how long should you store those photos?

  • Jan Barson

    Enterprise seems to cop a lot of flack – not from me!
    We rented a car at Petaluma for a week and returned it no probs, (we did as always do a 20 min pre rental check and noted every nick and spot and drove the poor guy crazy) and then they kindly drove us to the bus station.
    Not only that, after we we missed our bus and on Thnksgiving Eve (after a coiuple of hours) they found us another car ( and yet another long pre rental check!) to get us back to San Francisco and then after dropping it off in SF (again no problems) they drove us all the way into our Hotel downtown. I would recommend them to anyone.