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Old January 28th, 2013, 04:36 AM   #1 (permalink)
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Enterprise Rental Car Company - longish rant

Hope this helps you decide not to use Enterprise or National.

Enterprise rentor totalled my daughters car while legally parked. She wasn't in it luckily. Actually hit two parked cars. She didn't have collision since the value of the vehicle and the premiums made it a losing proposition.

This was a hit and run and the cops woke her up at 4:20 am to inform her. Keys were left in the hit and run car.

The intrepid cops went to rentor's house. Rentor said they thought it was stolen since they didn't see it parked where they left it that morning at 7am but said they left the keys in it and the doors unlocked. Who does this in NYC? They didn't report it stolen though until 8pm that evening. Cops took no action and will not investigate further since no one was hurt. They apparently bought this story or just don't care.

Enterprise has stated in writing that due to a "careful review of the facts and circumstances" my daughter may be responsible. How's that? They will not pay for towing or storage while we wait 10 days for their appraisal of the vehicle. My daughter is a music teacher footing NY tow pound the bill as it stands now. $1,000.00

Enterprise' self owned insurance company Elco has also stated in writing they cannot honor her claim for the loss of the car until they complete their investigation. Since the car was reported stolen they doubt they are responsible. (rentor left keys in car/doors open remember. waited all day to report it stolen)

They don't care what my daughters ability to pay for the tow pound is nor how it affects her ability to afford transportation two and from work.

Elco subs the appraisal out to a company in California that seems to love playing 3 card monty with with the tow pound guy. Lots of shady little lies on my daughters nickel as we wait for the appraisal.

Elco doesn't give a poop. Enterprise doesn't either. SCA the appraisal company is shady. The cops don't care.

My daughter picked up her stuff from the car today and the tow pound guy said the cops gave him the hookah found in the hit and run car.

She is planning to get married and I'm hoping she moves out of the hellhole that is NYC.

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Old January 28th, 2013, 05:11 AM   #2 (permalink)
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Their major league chiselers when it comes to paying claims and they'll drag it out forever in cases like this knowing that they can probably wear her down financially. I'd suggest that she hire and attorney and file a lawsuit. That may be the only way to get them to take her seriously.

I had a situation similar to that years ago only it was a Pizza Hut delivery driver who caused the damages to my car. They wanted to total it but I wouldn't agree to their depreciated price because the car couldn't be replaced for that so they decided to pay for the repairs and a rental car instead.

The repair estimate came to just over $4600. When the car was done and I asked for the check in order to pick up the car they sent one to me for $2700 and told me the shop would accept that as full payment and implied that they'd spoken with them about it and they wanted me to sign a release. LOL

They'd never spoken with anyone at the shop and the shop wasn't about to accept $.60 on the dollar. Then I found that they'd split the medical claim into two parts with different claim numbers to keep the total of each under a state limit that would deny the case being heard in court.

I hired an attorney the next day. They'll keep playing their games as long as they can unless you find a way to turn it around on them.
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Old January 28th, 2013, 08:43 AM   #3 (permalink)
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That is terrible rwsand! I'm glad your daughter was unharmed, at least physically by the accident. I think to just talk to an attorney might put it in perspective for her.

My daughter is a senoir in H.S. this year and stories like this just scare the living sh!# out of me.

I hope she gets a better shake on this obvious crappy deal.
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Old January 28th, 2013, 08:55 AM   #4 (permalink)
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Remember when when the standard line was "first we round-up (or worse) all the lawyers !" ?

I think insurance folks are worse. Absolute scum in relation to how much we pay them each year.

BTW, NYC city isn't a hell hole - that's why it's so expensive. It is however ridiculous to even consider living there unless money is something you don't have to think about (and how many of us are there like that ?)
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Old January 28th, 2013, 11:32 AM   #5 (permalink)
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Thanks folks, and as a PS I think Mike is absolutely right. Insurance companies are the worst! There is no sense of responsibility from these people.
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Old January 28th, 2013, 12:03 PM   #6 (permalink)
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Did you check to see if your daughter has uninsured motorist property damage coverage?
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Old January 28th, 2013, 12:12 PM   #7 (permalink)
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We looked into it but it was our impression from the website that uninsured motorist coverage was only for medical type liability, not property damage in NYS. Am I wrong?
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Old January 28th, 2013, 12:18 PM   #8 (permalink)
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We looked into it but it was our impression from the website that uninsured motorist coverage was only for medical type liability, not property damage in NYS. Am I wrong?
It comes in two parts - BI (bodily injury) and PD (property damage.) Have her call claims and report it to her insurer. They will tell her if she has it or not.
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Old January 28th, 2013, 12:47 PM   #9 (permalink)
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Clay Feat correct - talk to your carrier.

Next, contact your local state legislator - Senator or Assemblyman - companies can respond very quickly when constituents have complaints.

Or, file a complaint with NY state Department of Insurance - they help consumers - agianst Enterprises's carrier.
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Old January 28th, 2013, 12:56 PM   #10 (permalink)
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Thank you! Will do.
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Old January 28th, 2013, 12:59 PM   #11 (permalink)
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We looked into it but it was our impression from the website that uninsured motorist coverage was only for medical type liability, not property damage in NYS. Am I wrong?
I think it may be only for injury too but it can't hurt to call her carrier. UMPD is not mandatory in NY, so its likely that if your daughter has no first party coverage, she has no UMPD either. Still she should look at her policy to be sure.

99.9% of the time when a car is reported stolen after an accident the driver is attempting to avoid liability for the loss. ERAC knows this too.

http://www.ckbblaw.com/library/autoIns.pdf
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Old January 28th, 2013, 01:29 PM   #12 (permalink)
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Any surveillance cameras in the area?
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Old January 28th, 2013, 01:40 PM   #13 (permalink)
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wow, cameras. great idea!!

I talked to NYS Dept of Financial Services which investigates insurance companies like Elco in cases like this. they want us to file with them and they have clout!
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Old January 28th, 2013, 03:15 PM   #14 (permalink)
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The NYS Dept of Financial Services isn't likely to be a fast moving entity either.
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Old January 28th, 2013, 04:23 PM   #15 (permalink)
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Yes, I know, but we think the case involves fraud between Enterprise, their ins company, their appraiser, the tow pound and others. So where else? At this point.
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Old January 28th, 2013, 04:32 PM   #16 (permalink)
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I would also get your State Attorney General involved. They love insurance fraud cases, especially when it involves a huge corporation.
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Old January 28th, 2013, 04:47 PM   #17 (permalink)
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The insurance company is doing what some insurance companies do: Deny, deny, deny and hope you give up. You will probably have to sue them. They will make it expensive for you and you may not win (sounds crazy, but is frequently true)

If you have a friend who is an attorney and will help you, some letters from them will probably get you settled fastest.

The downside of older cars that have low value (blue book) but high value (they run reliably) is that when the wreck happens, it never goes well for the owner.

Clearly, people are lying in the chain of responsibility (the renter of the car, the tow folks are probably lying or incompetent, Enterprise is washing its hands of responsibility, and the insurance company is protecting its assets..

The adversarial system requires you be a strong advocate for your case and that does not come cheaply (unfortunately)...

So sorry to hear your story. Those are tough ones!
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Old January 28th, 2013, 04:52 PM   #18 (permalink)
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The renter of the automobile is responsible for the liability portion of this loss (doesn't matter if the car was stolen.) He may or may not have purchased liability coverage for the rental from Enterprise (probably didn't.) Enterprise would only care that he covered the physical damage of the rented vehicle (damage waiver coverage.) If the renter did not purchase liability coverage and does not have a personal auto policy of his own (which covers non-owned auto liability in most states), then this is an uninsured motorist claim. If the daughter does not have uninsured motorist property damage coverage or collision coverage then there is no coverage for this loss.
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Old January 28th, 2013, 04:53 PM   #19 (permalink)
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Did you check to see if your daughter has uninsured motorist property damage coverage?
Note that even if she did, it would be unlikely to help, since the car had supposedly been stolen. Without a known driver, there is no way to determine whether the "motorist" was insured or uninsured.

That happened to me once. I was the victim of a hit and run driver, who totaled my car then somehow managed to get away while I was getting my bearings (I was hit from behind by a swiftly moving truck while I was waiting at a red light). I was only able to recover using my "comprehensive collision coverage," which required that I pay a large deductible. This wouldn't have been the case if there was an uninsured motorist, since I had that coverage as well.

But without a known "motorist," there cannot be an "uninsured motorist" and no recovery from uninsured motorist coverage.

Now THAT is one big scam, IMHO. But that's how it works.
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Old January 28th, 2013, 05:02 PM   #20 (permalink)
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I was the victim of a hit and run driver, who totaled my car then somehow managed to get away while I was getting my bearings (I was hit from behind by a swiftly moving truck while I was waiting at a red light).
They know it was the rented vehicle that struck the OP's daughter's car. It doesn't matter if it was stolen or not. The liability is still with the renter.
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