Good Try Enterprise Car Rental

Dear Michelle,

I am in receipt of your letter dated May 15, 2008.

I dispute your claim that I am responsible for damage to your car VIN 5NPEU46F37H272813 for your file number DX53H4298.

Your premise of my responsibility and charge of my liability is incorrect, unfounded, and without any supporting documents or evidence of your claims.

Normally by now I would have written a complaint letter to your firm describing the utter filth of this vehicle as it was presented to me along with a 1/4 tank of gas, but it was the only car on the lot so I felt I had to take it. Never have I rented a car as unprepared as this one. The car was badly soiled in the interior, the car smelled badly like stale cigarettes, there were countless burn holes in the front seat, and literally there was tobacco spit in the center console. But this letter is about a matter of responsibility and liability so we’ll deal with the complaint another time.

Please allow me to tell you what happened as I witnessed at your Southport, NC location of Enterprise.

I rented a car from your company in Southport, NC so that my wife would have a vehicle to drive if she needed to go somewhere while I was out of town. It turns out most of her 18 miles driven over three days were to and from you rental car location. The rest of the time the car sat in the driveway.

I was there in person at the Enterprise location in Southport when your Enterprise employee April C. Evans did a vehicle inspection both before and after the rental of your car to me. Not once did April C. Evans see and record the crack on the odometer cover in question, either before I took delivery of the car, or after I dropped off the car.

Keep in mind that both times April C. Evans inspected the car for damage and mileage used; she had to look directly through the cracked lens in question to read and record the mileage. She recorded the mileage accurately twice while looking through the cracked lens, however at no time did April C. Evans notice and record the crack on the odometer lens.

Are we clear on this fact?

The enclosed photo shows the affected area and the small crack on the odometer cover is easy to miss when your line of focus is on the mileage and not the crack. I can see how April C. Evans missed the crack twice. It is difficult to see.

Only after April C. Evans completed her final inspection and we were free of liability and responsibility and April C. Evans was headed back to her Enterprise office did my wife bring the crack in the odometer cover to her attention.

After April C. Evans became aware of the crack, April C. Evans’s logic was that we had to have caused the crack since she would have seen it on an inspection. The fact is, she never saw the crack after two inspections. The checkout receipt proves it.

Please compare the time stamp of the receipt with the time stamp of the accident report. The claim of accident was filed after I returned the car to Enterprise in good order, and after the final inspection and my receipt was in hand.

I observed that April C. Evans was clearly concerned about her personal liability from Enterprise and she stated so to us. She wrote the accident report as she said she was required to do so and told me someone from corporate would call me in a few days to go over this incident report. No one ever contacted me to discuss the issue.

So the fact is that the crack is and was there, and we didn’t cause the crack nor did any of your employees notice the crack during our rental period. When the crack was pointed out after we had concluded our business with Enterprise and Enterprise had delivery of the car in good order according to the final inspection.

You are contractually bound at this point and I am not, and the car is no longer mine nor am I responsible for any defect or damage that was not apparent during two inspections by your employee who was trained to make such inspections, after the car is returned and inspected in good order.

My wife’s intent was merely to point out a defect that April C. Evans had missed out of a courtesy to her, and to your company so she could take note before the next renter took the car.

At this point my wife and I were free to go, April C. Evans had her keys to the rental car, the final inspection was complete, and I had my receipt.

However, April C. Evans went into a near panic over hearing the discovery of this cracked lens and April C. Evans insisted she write an accident report to cover her liability to Enterprise.

I did not realize that April C. Evans would attempt to shift her inspection oversight into my liability by writing up this report or I would have left with my receipt. April C. Evans was clearly distressed so I stayed as she requested.

The crack on the lens that you file as an accident is considered normal wear and tear and clearly falls in the bounds of normal wear and tear. There is not an insurance company in America that will cover normal wear and tear so surely I’m not going to cover that risk nor will my insurance company Allstate cover the risk of something I didn’t cause.

The loss of use you charged me was at the option of Enterprise and was your risk. I assume no risk in your refusal to rent your unit. You are in the business of renting cars so I would suggest you rent the unit. The unit was completely rentable at the time of my drop off.

I at no time have had anyone at Enterprise under my employment and will not and cannot pay any administrative fees unless they are under my employment and have been properly cleared as an employee and have the authority of my corporation to pay such employee. To do so would violate federal securities laws.

And finally the diminishment of value needs to be reported to your internal auditing for federal income tax purposes. This is not a matter that I should be concerned with.

If you intend to pursue this further I will need to be notified in writing via certified mail within 30 days of receipt of this notice, otherwise I will consider this issue closed.

I have extensive travel plans this summer and cannot be assured I will be able receive any response letter from you so or to respond in a timely manner therefore I will need to personally sign for any letter you may send in the future.

I am not responsible for your loss. I owe no debt to you.

Any documents I obtain from Enterprise or any third party will be used to take legal action against you if such action becomes necessary.




Unknown said...

I love it! I would be shocked if they continue this.

I wrecked my car a few years back and my insurance claimed it would take a week to fix. After walking to work each day I was forced to rent cars on two occasions for out of town plans. My car took 4 weeks to finish.

I wrote a nice big letter just like you to my insurance company and they refunded me my rental car money!

It feels good to know you are sticking it to the man!

I also took no breaks during that, good job on writing!

mr zig said...

now THAT is a good letter! I Love writing letters like that! Keep us updated! :)

Jay said...

That is an outstanding response. Much better than I would have sent. I would have just told them to kiss my ass.

Anonymous said...

DAMN! That is a GREAT letter!

I looked and looked for the crack. I can't see it. And they want to charge you over $1000 for a crack you can hardly see?

TerryC said...

Touché, Wreg!

Well done!

And, as usual, you guys "crack" me up! ;)

Reggie Hunnicutt said...

Thank you took me a few days, a few rewrites and a few glasses of wine last night to fill in between the thoughts.

I just basically wanted to say what Jay said .... but I got off on a time stamp technicality.

Ken said...

You the Man!!!!!!!!

Unknown said...

I also did not see the crack.

Anonymous said...

That is one outstanding letter. I can feel their little turtle heads retracting into their litigious shells as I read it.

Funny comment Terry- " crack you up"!
See you soon Wreg.

Reggie Hunnicutt said...

I love to catch Terry off guard and make her let out a big old belly laugh.

The last one concerned buzzards over the Contessa's house.

Reggie Hunnicutt said...

Label/Receipt Number: 7007 0710 0003 7422 7272
Status: Delivered

Your item was delivered at 12:17 PM on May 29, 2008 in WILMINGTON, NC 28405.