[E####B]

Well, you have quite the leg to stand on if the car has 38K. There is a lot of wear and tear on a car when it reaches that mileage (and the city must REALLY be hurting for cars if that is still in fleet or the Cobalt resale market sucks beyond belief). Get in touch with the loss control department (if they haven't contacted you first). Ask them to review the past 10 rental contracts for that damage. A standard search is 3 contracts, but if the damage was there, SOMEONE had to document it. Enterprise employees get busy and miss damage or simply cannot see it sometimes due to night lighting or weather (snow, rain, etc). Also, get the unit history on the vehicle AFTER you returned it. 95% chance they re-rented the car in this "disasterous", dangerous, ugly condition thus giving you a little more ammunition for your cause.

FYI: This is NOT an Enterprise issue only, but rather an industry wide problem. Enterprise just seems to be more aggressive with pursuing it. I made a case against the RED rental car company and had some preexisting damage on a Cadillac overturned. Stay sharp and don't get angry or short with the loss control coordinator. Don't lose sleep over "T," "T," or JP. The LCC is the person who makes the ultimate decision anyway and realistically, that car will go to aution when it gets taken out of fleet, meaning the car will NEVER get repaired.