Alamo claims I damaged their car

[escape]

I posted this on the community board but got to thinking that it might be better to post here on the Transportation board.

About a month ago, I rented a car from Alamo at the WDW Dolphin resort. All the paper work was taken care of inside the hotel. We were instructed to go to the valet area to wait for the car. When the car attendant brought the car to us, four of us - all adults - looked around for previous damage. We noticed a scrape/ding about the size of a half-dollar on the side of the car. We mentioned it to the valet person and he just shrugged it off. I've rented cars with dings in them before so I didn't think anything more about this until now - when we got a letter from Alamo.

Alamo said there was damage to the car. The letter does not state what the damage is but said that we need to contact our credit card company or insurance company to report the claim and contact Alamo with our claim information.

I am TICKED to say the least. There was no damage done on our end. Unfortunately, with this being the weekend, I can't contact Alamo or my insurance agency.

Has anyone had experience with this kind of thing before? Ugh!!!!!

 

[DVC-Don]

No, but I did have Enterprise tell the NY Thruway Authority I was had one of their cars that ran through a toll both w/o paying. I did have that car, but turned it in to Enterprise a week before the violation. Took me 6 months of phone calls and letters to get the Thruway Authority off my back.

 

[francie57]

This is why when we rent a car we make sure that everything is noted on our rental agreement before we leave the garage. The SUV we rented last Aug. had the same thing, a small ding in the front driver side. We pointed it out to the Alamo agent in the garage at MCO and were told to make sure the gate attendant was informed. We told the gate attendant and she took the time to look at the damage and put it in the computer that it was there.

 

[inkkognito]

Take photos whenever you rent a car that has previous damage and make sure they are dated. That way you have hard evidence; it's good to have it noted on the rental agreement too but notes are subject to interpretation. Heck, we even used to take a photo of the gas gauge when renting a car from Port Canaveral to MCO. Budget doesn't have a gas pump there so you get the car with whatever amount of gas it was turned in with. You are only obligated to refill the tank to that point, but I had heard stories of people getting whomped with ridiculous gas charges for not returning it full.

 

[Uncleromulus]

Photos are a good idea--. We spotted some minor damage (scratches mostly) on our Alamo rental last trip. I had a HARD time getting the gate attendant to even make a note of it. Her original reponse was that "those sort of things don't matter".
Sure--until you bring the car back!! And when you do, they are usually so swamped that the person checking the car back in at the airport dosen't have time to even look it over. They are immediately on to checking back in the 4-5 cars already in line behind you!!
Heck, the car could easily get damaged AFTER you drop it off, considering all the mayhem at the rental car return area at the Airport.

 

[jlewisinsyr]

Just a note about photos, they may help, but if the agency is persistent or smart they know the dates can be "fudged", both dates on the picture can be edited with some basic photo programs and the file data can be easily modified.

 

[Glencora]

Heck, the car could easily get damaged AFTER you drop it off, considering all the mayhem at the rental care return area at the Airport.

That would be interesting - have a lawyer write a letter to Alamo asking for proof that the damage didn't happen AFTER the car was dropped off. I wonder if they could.

 

[crashbb]

That would be interesting - have a lawyer write a letter to Alamo asking for proof that the damage didn't happen AFTER the car was dropped off. I wonder if they could.

They don't have to. Look at your contract - it is up to you to prove that you didn't damage the car.

 

[inkkognito]

Just a note about photos, they may help, but if the agency is persistent or smart they know the dates can be "fudged", both dates on the picture can be edited with some basic photo programs and the file data can be easily modified.

True, but you can take enough of the background to make it apparent that you are taking them in the garage at the rental agency in the pick-up area. Still not foolproof but probably enough to back them off when they see you are the sort who will fight. They are looking to get a quick buck from customers who back down easily.

 

[jlewisinsyr]

They don't have to. Look at your contract - it is up to you to prove that you didn't damage the car.

Law states those who are demanding damages have the responsibility to prove fault. One who is defending, just has to defend against said fault. If the case went to even small claims court, the court would request Alamo prove their case.

A contract can say anything, but law supercedes all. As a renter, you have the right to documentation and photos of the damage.

True, but you can take enough of the background to make it apparent that you are taking them in the garage at the rental agency in the pick-up area. Still not foolproof but probably enough to back them off when they see you are the sort who will fight. They are looking to get a quick buck from customers who back down easily.

I do not subscribe to the conspiracy theories that most companies are out to just file erroneous claims to make a few dollars, the customer service damage is too great. I do not believe Alamo is out to just make a quick buck, they most likely found damage, associated to the most recent renter (or some logic based on rental history and communications with renters).

 

[LoveToDisney]

We always look at the car very well before taking possession. Doing so at the airport is straight forward because you look at the car, take the car and return the car directly. When we return a rental to the airport, they walk around the car, ask about whether there is any damage and then print out a receipt.
However, the Dolphin is different. You receive the car via a valet driver and the car is returned via a valet driver. Say you return the car without damage and the valet driver accidentally damages it on the way to the lot (before it is checked back into the rental inventory) but doesn't admit it, then how do you prove it was the valet? You won't know there was an issue until much later when you get the dreaded letter asking for payment.
When you return a car rental to the Dolphin, can you ask the valet attendant or manager to walk around the car and give you a written note affirming they don't see any physical damage?
This has always bothered me and was wondering what others do to protect themselves when renting from the Dolphin which uses valets for the rental system.

 

[seashoreCM]

>>>... via a valet driver ...

Isn't there a little diagram of a car sides and top on which you mark off pre-existing damage and the position of the gas gauge? Couldn't you go back in to the counter and get one and fill it out if none came with the paperwork found inside the car?

And you should mark off any damage no matter how slight.

>>> ... contact our credit card company ...

It generally doesn't have to be done yesterday but you have to remember to contact the credit card company and your insurance company as soon as possible (Monday?) in case there is a deadline after which they won't cover the claim.

 

[dioxide45]

I do not subscribe to the conspiracy theories that most companies are out to just file erroneous claims to make a few dollars, the customer service damage is too great. I do not believe Alamo is out to just make a quick buck, they most likely found damage, associated to the most recent renter (or some logic based on rental history and communications with renters).

The thing is though that Alamo won't make any repairs to the car. They will get the settlement from the insurance company or credit card and pocket the money as income. It will help offset the lower return they will get when selling the car, but they certainly will not get small scratches and dings fixed.

Basically they are trying to get some cash from somone because they missed the scuff that was there from a prior renter.

The same is true for car rentals at places without pumps. If a customer turns a car in with only a half tank, they will charge them for 6 gallons of gas, but they won't be using that money to go top off the tank, straight in to their pockets it goes. After a short while of additional drivers renting and slightly overfilling, the tank will become full again.

 

[jlewisinsyr]

The thing is though that Alamo won't make any repairs to the car. They will get the settlement from the insurance company or credit card and pocket the money as income. It will help offset the lower return they will get when selling the car, but they certainly will not get small scratches and dings fixed.

Like any insurance proceeds, they are not required to repair the vehicle, they just cannot be compensated twice for the same incident.

Basically they are trying to get some cash from somone because they missed the scuff that was there from a prior renter.

The same is true for car rentals at places without pumps. If a customer turns a car in with only a half tank, they will charge them for 6 gallons of gas, but they won't be using that money to go top off the tank, straight in to their pockets it goes. After a short while of additional drivers renting and slightly overfilling, the tank will become full again.

Still do not buy into it and this is coming from someone who travels and rents pretty frequently.

As for car rental agencies without pumps, outside of Enterprise I can remember one time that I picked up a vehicle that wasn't full (or at least on the F mark - which is debatable if it really is full). In this case, it was obvious, I went back in, they advised to keep my receipt and they credited me on return. There is a big difference between return 1/2 full or at F an not really full. I think in more cases then not people underfill then overfill a vehicle. Now, do rental agencies make money on their refill rates, absolutely, but again, I'm not buying into the conspiracy theory.

 

[Vivianne]

DH had an issue with our last rental.

He requested the clerk/teller make a notation on the paperwork before we drove off with it. The gas tank was not full either, he requested she make a notation about that. The best mode of defense is upfront when you get the car. It may take extra time, but in the long run it's better than dealing with them later.

Hope you can get resolution with your situation.

 

[2infinityandbeyond]

A contract can say anything, but law supercedes all.

Assumption of liability in a contract is actually very common. Look at any well-written construction contract and you'll see a hold harmless/indemnification clause. If, in a contract, I agree to indemify you, regardless of fault, I can't then hide behind "the law" and force you to prove liability.

I can't find a sample car rental contact via Google, but if the renter agrees to be responsible for the damages to the vehicle, regardless of fault, then the renter's only recourse is to chase the person who caused the damage (if other than the renter). This is why it is vital to not leave the rental lot without first inspecting all four sides of the vehicle and all of the windows, and making sure that any visible damage is documented in the rental agreement paperwwork.

 

[escape]

I'm going to talk to my insurance agent on Monday. If Alamo is referring to the dent/ding/scratch we all saw, it looked like it had been there a while. Maybe I can get AMEX to help me as well. ???

I'm just sick about this. We were in a hurry. We all saw the damage, we commented on it in front of the valet attendant but we "just had" to get somewhere quick and we (I) (stupidly) thought Alamo must have this on record somewhere. What's really disgusts me is that I usually make notes of dings and perceived damages and have car rental agencies make note of that on the rental agreement as well. I guess I just let my guard down and didn't enforce what I normally do. I would accept responsibility if it happened on my watch whether I saw it or not. However, I don't want to have to accept responsibility when I know it was there (and I have 4 other witnesses) before I drove it out of the Dolphin lot.

 

[snowbunny]

Assumption of liability in a contract is actually very common. Look at any well-written construction contract and you'll see a hold harmless/indemnification clause. If, in a contract, I agree to indemify you, regardless of fault, I can't then hide behind "the law" and force you to prove liability.

That is overly broad. Yes all contracts have hold-harmless clauses, which are not worth the paper they are printed on in the event of negligence, for example.

 

[2infinityandbeyond]

Yes all contracts have hold-harmless clauses, which are not worth the paper they are printed on in the event of negligence, for example.

I'm really not sure what you are saying here.

 

[mortimor]

We had a similiar problem with Alamo a few years ago. When renting the car at MCO we told the checkout window person that there was damage throughout the car (looked like it had been used as a party vehicle inside and the normal scuffs etc on the outside). The person in the checkout area did note this on our rental and off we went.

On return, the person checking us in pointed out a dent on the passenger side. I told her there was a number of damaged areas and that I made note of them on the rental when I took the vehicle. The employee did not say a word, printed out a form from the portable printer and told me to stop in at the outdoor checkin area. I did so, and the employee there asked why I was there, which I retold the story. Again, nothing said, just a print out of my rental reciept showing the amount I had agreed to and off I went.

Fast forward 3-4 months, I get a bill for hundreds of dollars from Alamo for the damage. Numerous phone calls and contact from a local collection agency and still did not hear anything. It ended up taking a letter to the collection agency, letter to Alamo and statement(s) to the Alamo rep to get it resolved. AND keep in mind they will not contact you, I had to keep callilng them and the account person finally found a notation in the claim that it had been dismissed.

I spoke to my credit card company about this when I was dealing with it and it basically came back to a he said/she said argument and that it would be hard to prove. I know that if it went through a court process it would take forever and of course I would have to travel back and forth to Florida.

My lesson learned, make sure you document everything for damage and don't give up.