Don't rent a car from National

<div class='quotetop'>QUOTE(PriusRos @ Feb 27 2007, 10:36 AM) [snapback]397313[/snapback]</div>

You need to start documenting all communication with and everything you remember from that transaction. Then you need to go online and do some research. My knee jerk reaction is that if they did not do a visual inspection upon return of the car and inform you of the damage at that time they have no case. Write them a letter stating this and make sure you send it registered.


http://www.google.com/search?hl=en&rlz...r+damage+claims


Wildkow

p.s. I am NOT and attormey. I do not represent clients and do not provide legal advice. I am not even licensed to practice law in any state. The information and links that I have posted on the web and elsewhere are provided solely for educational and informational purposes, and do not constitute legal advice. While I may on occasion suggest or respond to hypothetical fact situations, your situation may differ in important respects from these scenarios, perhaps in ways that are not apparent, and in some instances my response may be affected by pedagogical, jurisdictional, or other factors that also affect its potential applicability to your situation. Please understand that no attorney-client relationship is formed by communications with me, and please do not send me confidential or privileged information.

If you do require legal advice, I encourage you to consult an attorney who is actively engaged in the practice of law and who is admitted to the bar in your jurisdiction. If you are seeking such an attorney, you may wish to consult a state or local bar association, as many such organizations offer referral services. You may also wish to use an online directory of lawyers, such as Martindale-Hubbell's Lawyers.com or West's LawOffice.com.

 

<div class='quotetop'>QUOTE(PriusRos @ Feb 27 2007, 02:36 PM) [snapback]397313[/snapback]</div>

Probably there to begin with?

 

I'm not an attorney, so take the following with a huge grain of salt.

I would encourage you to fight it and document everything in triplicate, along with registered mail so you can prove delivery and have the signature of the individual who received it.

Of course, I also don't see an easy way out for this... there's no proof either way. If it were to go to court, I would think it would get throw out, as they have no proof you did something, nothing in writing that shows it was damaged. I would think they would require a statement filled out upon return of the vehicle by the inspector and signed by you to qualify as proof - a simple list of the condition of the car and any new damages. without that, they have a pretty slim case.

 

If you can get a hold of that person on the phone again, I would ask them to fax you a copy of the contract, so you have a copy of their copy, showing they have made no notations on it.

 

<div class='quotetop'>QUOTE(PriusRos @ Feb 27 2007, 02:36 PM) [snapback]397313[/snapback]</div>

My company requires CDW with zero liability on all rentals. Infact, it is built into our CDP number to avoid the nonsense you are going through. I am surprised this is not the case with your company.

Good luck to you.

 

Well I am an attorney, but this advceshould always be confirmed with an attorney who can more completely review your issues.

First: all communication should be by certified mail, Returen receipt preferable.
Second: you have to review the rental agreement to see what the company can charge you with before instituing legal action;
Third: Send communications (letters) to everybody that says you are disputing the claim and request that all documentation that they are using to support their claim be sent to you.
Four: They may start to threaten to report you to a credit agency, if so send them communication that you consider this action harrassing and meant to be coercive, especially since there has been no finding of fault of liability for the cflaimed damages. (careful because the agreement you signed may allow them to actually charge you this damage amount without litigation)
Five: check for dispute resolution requirements. These will be in the rental agreement and usually start with an appeal to National and the a demand for arbitration. You have most likely waived your right to a court trial, but this means so did National (generally, differs by state)

 

<div class='quotetop'>QUOTE(PriusRos @ Feb 27 2007, 07:45 PM) [snapback]397539[/snapback]</div>

Perhaps you can also file a complaint with a state or county consumer affairs office where you rented the car.

 

<div class='quotetop'>QUOTE(PriusRos @ Feb 27 2007, 04:45 PM) [snapback]397539[/snapback]</div>

In your situtation you can rarely inform too many people. Send one to the national branch where you rented the vehicle, to National uh, national headquaters, to any other address you have for National (until they tell you explicitly to only send correspondence to one place) and to any collection type agency. And be careful the collection agencies are likely to change without giving you clear warning.

 

Check the contract you signed. It may state that you agree to the charges if they find something after they clean the car. In that case, you want to stress that the car you received was not cleaned, and that you mentioned it to several people (as you did in your message, but get as specific as possible ... such as giving the cell number you called from when you called the company just after picking up the car (provide the billing if you have the bill yet ... this will help a lot).

My company contracts with National also cover all damage with no deductible, so I don't run into this. I do run into dirty cars all the time; they flip them so frequently that you will often find the last renter's trash in the car. So I think your story has a lot of "believability" in it.

 

Thanks for the heads-up about National.

I am not a lawyer either, so the following are just my thoughts: If they failed to clean the car or go over it for damage with you at the time you rented it, they should have no case against you. Whenever I rent a car they go over it with me, and I sign a paper agreeing to the condition of the car. If you signed no such paper, they should have no case.

On the other hand, they can harass you, because they are a big company and you are an individual.

Most likely, your own car insurance covers you while you are in a rental car. So it might not hurt to talk to your insurance agent, and explain everything, and try to get her/him on your side and working for you.

 

<div class='quotetop'>QUOTE(PriusRos @ Mar 3 2007, 04:19 PM) [snapback]399673[/snapback]</div>

Isn't Amex's coverage secondary to your own car insurance? If your own insurer covers you when you drive a loan car, Amex will not pay for the claim.

I rent only from Hertz and Avis. I have never had such a problem with either. With the Gold or Premier service, I get off the plane and go directly to the car which is waiting for me under the canopy with the rental agreement hanging from the rear view mirror. The only agent I see is the guard at the exit from the rental car lot who verifies that I am the person to whom the car is rented. They never check the car with a fine tooth comb upon return. With either AAA or my employer corporate discount, I rarely pay more than what is quoted by the other rental companies.

 

I've rented cars numerous times for business trips, and have found that it is the renter's responsibility (not the company's) to note any damage done to the car before you pull off the lot. I've never had anyone walk the car with me; I've always done it myself and noted the damage on one of the papers they give to you with a schematic of the car on it.

I've rented from National, Enterprise, Budget, Hertz, and Avis, and it was the same with all of them (to the best of my memory). I've rented the most and most recent from National, and I think one of the signatures that I signed states that the car is in good shape. This doesn't help your case any, but it may make it more clear.

As the other posters have said, I would continue to fight it.

 

<div class='quotetop'>QUOTE(PriusRos @ Mar 23 2007, 07:17 AM) [snapback]410852[/snapback]</div>

Not according to my research, take a look at this article:

Credit cards pick up fee if you damage rented car

 

Sorry to hear your bad experience.

I never had any problem with National. In fact, National is my prefer rental car company. Aside from having low rental rate, the aisle pickup as an emerald member is very time saving. I don't have to wait in long line at the counter. I just walk to my aisle and pickup my choice of car selection. Adding point/miles to my frequent flyer also working well. National does not surcharge for rental miles to my favorite airline. B)