Author Topic: Enterprise tries to charge woman for car stolen AFTER she had returned it! (Read 40998 times)

tenpenny · « **Reply #20 on:** January 02, 2014, 08:53:40 pm »

They would have to prove that they told her explicitly that, while she could drop the car off, any damage or loss was her problem. Unless they specifically made that point, the fact that they have a drop off service would imply that her responsibility ended when she dropped the keys in the slot, and any decent lawyer could make that case.

When the dollars get bigger, there is more responsibility to be explicit, and there is also the legal standard in Canada that someone in the business is assumed to be more knowledgable, and therefore has a higher standard of behavior.

Sent from my Vic20 using Java Moose

PJ · « **Reply #21 on:** January 02, 2014, 08:54:10 pm »

Quote from: mmret on January 02, 2014, 08:36:49 pm

Thought you could always use the "I never read it" as a half decent defense.

You could certainly use the " I returned the car as I was instructed by your staff " defense.

ArticSteve · « **Reply #22 on:** January 02, 2014, 09:08:32 pm »

All of which have often been accepted by the often anti-business quasi-judges sitting in small claims court

In lieu of a written contract then the outcome can go any direction.

dr_spock · « **Reply #23 on:** January 02, 2014, 09:18:49 pm »

What are the T&Cs in her rental agreement contract? And did she signed on the dotted line.

ArticSteve · « **Reply #24 on:** January 02, 2014, 09:22:31 pm »

When the dollars get bigger, there is more responsibility to be explicit, and there is also the legal standard in Canada that someone in the business is assumed to be more knowledgable, and therefore has a higher standard of behavior.

And hence you have what they call the CONTRACT. You really think that you can void your contract with VISA because they increased your LIMIT and therefore irresponsibly created an opportunity to overspend your ability to pay. And with Visa, just activating the card implies acceptance of the contract.

Keep on dreaming about contract law.

tenpenny · « **Reply #25 on:** January 03, 2014, 08:31:52 am »

Quote from: ArticSteve on January 02, 2014, 09:22:31 pm

When the dollars get bigger, there is more responsibility to be explicit, and there is also the legal standard in Canada that someone in the business is assumed to be more knowledgable, and therefore has a higher standard of behavior.

And hence you have what they call the CONTRACT. You really think that you can void your contract with VISA because they increased your LIMIT and therefore irresponsibly created an opportunity to overspend your ability to pay. And with Visa, just activating the card implies acceptance of the contract.

Keep on dreaming about contract law.

I wonder why you always have to denigrate posters who have a different opinion from you.

Keep on dreaming about civil lawsuits in NS. They are all on line, by the way, if you need to do some research.

tortoise · « **Reply #26 on:** January 03, 2014, 09:30:08 am »

If she has rental coverage through her insurance company then shouldn't this be a fight between the insurer and Enterprise? I get why the insurance company balked but I wonder if they are allowed to.

If the renter was liable for the car during the rental period and the rental period didn't expire until the morning it seems straight forward that she should be insured.

From here on in I'll be taking detailed photos of any rental I drop off.

sailor723 · « **Reply #27 on:** January 03, 2014, 09:36:50 am »

Quote from: tortoise on January 03, 2014, 09:30:08 am

If she has rental coverage through her insurance company then shouldn't this be a fight between the insurer and Enterprise? I get why the insurance company balked but I wonder if they are allowed to.

If the renter was liable for the car during the rental period and the rental period didn't expire until the morning it seems straight forward that she should be insured.

From here on in I'll be taking detailed photos of any rental I drop off.

From the article it sounds like her insurance company declined to pay taking the position that the car was no longer in her care and control when it was stolen but rather back in Enterprise's hands. Rather than litigate with her insurance company it would appear that Enterprise decided to go after the target less able to fight back.

Regardless of the legalities it will be interesting to see if they back down given the bad press.

Sir Osis of Liver · « **Reply #28 on:** January 03, 2014, 12:49:25 pm »

Early on in my career, I picked up a Budget rental. The clerk went through the agreement and made it very clear that I could use the key drop off, but if anything should happen to the car overnight, I'd be on the hook. I almost always dropped it off in person, even after I got a corporate credit card.

This should really be a fight between whatever insurance she had on the rental and the rental company.

tortoise · « **Reply #29 on:** January 03, 2014, 12:56:18 pm »

Since Enterprise's knee-jerk reaction was to bill her credit card could she contact VISA (or whom ever) and stop the payment?

ArticSteve · « **Reply #30 on:** January 03, 2014, 02:18:44 pm »

Regardless of the legalities it will be interesting to see if they back down given the bad press.

I would say that is her best hope. However, the story details are typically scant. Does the renter have some questionable history? No mention of security cameras. Really just a interest grabbing headline. A dog could conduct a better news inquiry.

ArticSteve · « **Reply #31 on:** January 03, 2014, 02:27:45 pm »

Quote from: tortoise on January 03, 2014, 12:56:18 pm

Since Enterprise's knee-jerk reaction was to bill her credit card could she contact VISA (or whom ever) and stop the payment?

Just so you know, Visa never stops a debit with their merchants. You have to enter into a "dispute" and later after it's reviewed you get a credit back. Some are a no brainer and the credit comes fast without paper work. Others like this rental can go nowhere.

tortoise · « **Reply #32 on:** January 03, 2014, 02:40:33 pm »

Thanks for the info.

TheHire · « **Reply #33 on:** January 03, 2014, 03:19:06 pm »

Interesting case.

When I first moved downtown, I wanted to keep the miles down on my car. I had a corporate discount which let me rent Enterprise cars for $10-12 per day. I used to rent for out-of-town trips almost bi-weekly.

Typically I'd drop the car off on a Sunday night, and use the dropbox. Guess I just got lucky...

sailor723 · « **Reply #34 on:** January 03, 2014, 03:58:23 pm »

http://www.cbc.ca/news/canada/nova-scotia/enterprise-willing-to-work-with-woman-on-hook-for-47k-mustang-1.2483207

Looks like they may be wavering a bit but it's interesting that the key box supposedly had a sign indicating the renter still had responsibility for the car until it was checked in. I'd certainly think twice about doing a dropoff to a location that was closed after this story.

The other issue is that "her" insurance company apparently declined coverage because in their view she had "returned" the car and was no longer responsible for it. Sounds like if she can make the case that the rental had not ended until the car was checked in by Enterprise they should be the one who pays. The story does say whether the insurance was a case of premium credit card coverage or if she transferred her own car insurance.

I use my Amex gold card for rentals and always decline the extra insurance. I did go as far once as having Amex send me details of coverages and it looked pretty good to me. (Underwritten by Royal Sun Alliance at the time).

Fobroader · « **Reply #35 on:** January 03, 2014, 04:24:38 pm »

So therefore they should all be open 24/7 or give you a day free. I only rent/return at the airport to avoid this kind of silliness.

ArticSteve · « **Reply #36 on:** January 03, 2014, 04:31:16 pm »

The story does say whether the insurance was a case of premium credit card coverage or if she transferred her own car insurance.

I assume that is a typo. You meant "doesn't. Horrible incomplete reporting, or have I said that already.

Another thing about one's auto insurance applied to rentals, providing one has the specific endorsement. If your comprehensive rate is based on a "X" class of car, worth say $20K, don't assume you have coverage if you go why outside your "grouping" and rent a "Y" class car worth say $45K.

Generally, ppl make their own misfortune. Instead of thinking for a few minutes, they ASSUME. Oxford didn't put the ASS in assume for no reason.

ArticSteve · « **Reply #37 on:** January 03, 2014, 04:34:04 pm »

Quote from: Fobroader on January 03, 2014, 04:24:38 pm

So therefore they should all be open 24/7 or give you a day free. I only rent/return at the airport to avoid this kind of silliness.

Any weekend rate I've seen is not based on 24 hours. Out by closing on Friday and back before noon on Monday. The lady dropped it off for her convenience I'm sure.

Should have got the Sebring.

Fobroader · « **Reply #38 on:** January 03, 2014, 04:36:09 pm »

Quote from: ArticSteve on January 03, 2014, 04:34:04 pm

Quote from: Fobroader on January 03, 2014, 04:24:38 pm
So therefore they should all be open 24/7 or give you a day free. I only rent/return at the airport to avoid this kind of silliness.

Any weekend rate I've seen is not based on 24 hours. Out by closing on Friday and back before noon on Monday. The lady dropped it off for her convenience I'm sure.

Should have got the Sebring.

LOL....thats a good plan, rent something that no one would wanna steal and you can leave it on East Hastings, running, with the doors open and it will still be there after a few days....

ArticSteve · « **Reply #39 on:** January 03, 2014, 04:50:07 pm »

Quote from: sailor723 on January 03, 2014, 03:58:23 pm

http://www.cbc.ca/news/canada/nova-scotia/enterprise-willing-to-work-with-woman-on-hook-for-47k-mustang-1.2483207

Looks like they may be wavering a bit but it's interesting that the key box supposedly had a sign indicating the renter still had responsibility for the car until it was checked in. I'd certainly think twice about doing a dropoff to a location that was closed after this story.

The other issue is that "her" insurance company apparently declined coverage because in their view she had "returned" the car and was no longer responsible for it. Sounds like if she can make the case that the rental had not ended until the car was checked in by Enterprise they should be the one who pays. The story does say whether the insurance was a case of premium credit card coverage or if she transferred her own car insurance.

I use my Amex gold card for rentals and always decline the extra insurance. I did go as far once as having Amex send me details of coverages and it looked pretty good to me. (Underwritten by Royal Sun Alliance at the time).

I missed the part about: "It is our intention to work with the customer and her insurance company to achieve a fair and reasonable outcome."

"Keep in mind that a sign prominently displayed on the key drop-box reminds customers that the vehicle remains their responsibility until it can be checked in by an employee."

She took the RISK and LOST. Why is everyone so upset about her circumstances?

I think she is in very DEEP. "Work with the customer" is code for "you're not walking away". Banks love that phrase too.

Me thinks there is a very happy Mustang GT driver somewhere in Nigeria right now.