damage before I took the car

Looking for some advice to avoid a $1100 claim for damages I'm not responsible for. I rented a car in January. I was in a big hurry when I picked it up (domp!)... so much so that I asked that they not wash the car before I took it. I did do a quick walk-around of the car and noted a dent on the front right wheel well. (Interesting trivia: They insisted on doing the interior prep, saying that someone had just returned a car and they found the previous renter's loaded gun under the driver's seat... so they were being careful about inspecting interiors. Good idea.).

When I returned the car 3 days later, they found that the front right headlight assembly -- right in front of the dent I'd noted on my agreement -- had popped out and been duct-taped back together by a previous renter. It wouldn't have been obvious upon inspection. Hah hah. Must have popped out while I was driving. Not my fault. Filled out the DX paperwork and was on my way.

More than 90 days go by, and today I get a notice of subrogation demanding payment for repairs, administrative fees, loss of use.

Obviously I'll start with a written request for more info and contest the issue, but I'm not sure if there are any pitfalls to avoid... the damage was real and legitimate. It just was done before I took the car.

Any tips on how to communicate with Loss Control, or should I skip them entirely and jump up the chain? I've rented from ERAC many times and never had an issue. Just want to be cautious on this since I was in no way at fault and the claim is large, and the tone of this feels like a shakedown.

[Former10AAer]

Tell them you want to see copies of the contracts of the previous renters. If the damage is noted on one of those copies you should be all set.

[ExLossControl]

Originally Posted by Unregistered

Looking for some advice to avoid a $1100 claim for damages I'm not responsible for. I rented a car in January. I was in a big hurry when I picked it up (domp!)... so much so that I asked that they not wash the car before I took it. I did do a quick walk-around of the car and noted a dent on the front right wheel well.

You waived a full inspection...this is not good for you. Did you have the dent noted in your quick walkaround on your contract? If so- you may be OK. If not, you're probably on the hook. Loss Control tends to take a "guilty until proven innocent" stance on damage. However...

When I returned the car 3 days later, they found that the front right headlight assembly -- right in front of the dent I'd noted on my agreement -- had popped out and been duct-taped back together by a previous renter. It wouldn't have been obvious upon inspection. Hah hah. Must have popped out while I was driving.

If it wasn't obvious upon inspection, you must absolutely make this point to your LC rep. A big plus would be to find out from the bodyshop who did the estimate if they feel all the damage is related to the dent you noticed. If it is related and you noticed the dent, you are probably off the hook because it was the same incident, and because the dent was there, by extension, so was the other damage.

More than 90 days go by, and today I get a notice of subrogation demanding payment for repairs, administrative fees, loss of use.
Obviously I'll start with a written request for more info and contest the issue, but I'm not sure if there are any pitfalls to avoid... the damage was real and legitimate. It just was done before I took the car.

You may end up stuck with at least part of the bill. You might agree to one of the following scenarios:

1. File a claim and have ERAC waive the deductible in anticipation of being paid the difference by your insurance company.

2. Utilize your credit card coverage if any exists.

3. Any combination of the above to avoid out of pocket expenses.

Be sure to check with your agent if a claim is filed. You might want to see if your insurance company has an upper limit on "nonchargeable" or "disputed" claims. Also- I don't know what state you are in, but some states allow rental damage to be paid out of the liability portion of a policy, meaning no deductible.

At the very least, make a complaint in writing, demand proof of payment, and refuse the administrative costs and loss of use. The loss of use is semi-legitimate, but those of us who worked in LC know it's always negotiable. The admin fee is a joke at best and should never ever be paid by anyone. Its only purpose is to decrease the overhead of the LC department. On the inside, these charges are known as "soft costs" and are very hard to collect from insurance companies. We used to charge them to out of pocket damage bills all the time, and the customers didn't know better.

Any tips on how to communicate with Loss Control, or should I skip them entirely and jump up the chain? I've rented from ERAC many times and never had an issue. Just want to be cautious on this since I was in no way at fault and the claim is large, and the tone of this feels like a shakedown.

Loss Control is absolutely your best bet. Any talk with the BRM/ARM will get you referred to LC- they are not trained to make a deal with anyone until and unless they talk to LC first. If you don't have success with your LC rep, talk to the LC manager...but only if your LC rep is a huge pain in the ass (but work with them for a while- they are trained to be huge pains in the ass). Be calm, explain your situation and be polite...you will get much further with them this way than if you get belligerant and start yelling on the phone- LC is used to this and you will fall on deaf ears.

If they insist on pursuing you for the damages, get copies of all their paperwork, and get your insurance company involved- they have lawyers and claims reps that will work on your behalf, and that's why you pay your premiums.

Above all, don't threaten to "call your lawyer" unless you have one on retainer or know a good one to retain...their first answer to this threat is "Fine. Give me the name and number of your retained counsel, and we will contact them from now on." If you go this route, give them the number and name, and have a retainer letter sent to ERAC within 24 hours.

Oh...and one last thing:

Filled out the DX paperwork and was on my way.

I've never heard a "civilian" use the term "DX" before. Either you've heard it enough in the branch to know what it is and use it appropriately, or you are a green spy, and I call bullshit on the whole scenario.

If you are legit, I apologize.

Originally Posted by ExLossControl

Oh...and one last thing:



I've never heard a "civilian" use the term "DX" before. Either you've heard it enough in the branch to know what it is and use it appropriately, or you are a green spy, and I call bullshit on the whole scenario.

If you are legit, I apologize.

Hah... no, I think I heard it 37 times in the branch that day, and if I'm not mistaken saw it in a post on this site.

Thanks for the context. If things go sideways I'll be back for more, I'm sure!

The LC rep called me this morning. Without my even explaining anything she said that she'd reviewed the file and come to the conclusion that the dent I had noted on my walkthrough was related and it was not my fault. She dropped the whole thing.

Which makes me wonder if she saw my posting here. If so, Hi! Thanks for the help everyone.

[ExLossControl]

Originally Posted by Unregistered

The LC rep called me this morning. Without my even explaining anything she said that she'd reviewed the file and come to the conclusion that the dent I had noted on my walkthrough was related and it was not my fault. She dropped the whole thing.

Which makes me wonder if she saw my posting here. If so, Hi! Thanks for the help everyone.

Heheh....she talked to her manager and they decided it wasn't worth the hassle of wasting time on something that was obviously not your fault.

Glad to hear it. Now call her back and get a formal letter of dismissal so that the word is in writing. Make sure they reference your phone call this morning.

Sounds like you either had a good LC rep or a good manager. Some people wouldn't drop it at all.

[ExLossControl]

Originally Posted by Unregistered

Hah... no, I think I heard it 37 times in the branch that day, and if I'm not mistaken saw it in a post on this site.

Fair enough. Glad to hear it worked out for you!