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avis damage claim with photo evidence before rental

Discussion in 'Avis/Budget' started by pipipapa, Mar 14, 2017.

  1. pipipapa

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    I recently rent a car from avis, i did not do through check of the car before rental.
    There is a little bent found when I returned it. I have to write a damage report when I return the car, but I indicate in the document that I don't have any damage during my rental. I know that is weak.
    But luckily I later found out my wife took a picture before we actually drive the car. From that picture, you will notice this little bent.

    However the company won't take that evidence, Below is the response i got. however the company won't take that evidence, what should I do next? Appreciate very much for the help!

    Hello,


    Your lack of evidence to support pre-existing damage does not excuse you from liability unfortunately.

    My suggestion, you should check if you have Coverage and have your insurer investigate further. At this point I cannot cease the matter.


    The photo does not clear your obligation at this point.
     
    #1
  2. Patina

    Patina Moderator
    Staff Member Advocate

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    #2
  3. sas80

    Staff Member Advocate

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    and in your correspondence make sure you tell them you have a picture you took prior to driving off the lot that shows the dent was present prior to rental, and include that picture as an embedded image.
     
    #3
  4. pipipapa

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    Thx for the prompt response, will send email to customer service to get information about previous renter , maybe it
    Thanks, I should contact customer service of Avis for this, since the guy send this claim do not acknowledge my photo evidence.
     
    #4
  5. pipipapa

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    Thx for the prompt response, will send email to customer service to describe my case, and get information about previous renter , maybe previous renter already been charged for the damage?
     
    #5
  6. sas80

    Staff Member Advocate

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    start with customer service. if it has been a week and you dont hear anything back, or they refuse your denial, move on to the first executive and send your letter, citing you tried the last person and got no response.

    Here's a template letter you can pick words from, check the link neil gave you and work in the request for all the documentation in that link.

    I deny I caused your client any damage. Your client has not proven the damage, either in causation or amount, to a preponderance of the evidence. The attached photos show no visible damage and the odometer clearly shows the car was in the care of Avis and driven by another party prior to the pictures being taken.

    This is an empty demand without proof and I insist you follow the rules to obtain and provide proof of loss and every element of damage claimed. Thus I deny your claim and deny that I owe your client anything. I revoke any and all authority for Avis to charge my credit card.

    I invoke all rights under the Fair Credit Billing and Collection Act and all communications with myself and my company must be conducted in writing. If you decide to report this to a credit reporting bureau you are required to report my disputation of the entire claim. Failure to do so accurately will result in legal action for defamation. The agreement with Avis has an arbitration clause and we shall insist on that as the basis of our dispute resolution. Given your client's lack of any proof of damage or amount, other than their say so, I invite litigation/arbitration to resolve this matter timely.

    If you can actual provide proof of claim, please do so by March 7, 2017. If you do not provide proof of claim on or before that date we shall assume you are abandoning your claim.
     
    #6
  7. Patina

    Patina Moderator
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    Be sure to have all your correspondence in writing and avoid conversations regarding the issue over the phone. It is best to have a "paper" trail as evidence. Good luck, it can be a lengthy process but know that we are here to answer any questions that may arise.
     
    #7
  8. pipipapa

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    Thanks for the template!
     
    #8
  9. pipipapa

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    your guys support means a lot!
     
    #9
    JVillegirl541 likes this.
  10. CCGormand

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    I know that a day has passed since your last post, but if you're still checking for responses, I'd like to know more about the photo your wife took. What did you mean when you said that they won't take the photo as evidence?

    If the dent is clear on the photograph your wife took, you should be able to prove your case, even without a date stamp.

    When you take a digital photo, the file contains a great deal of information about the photo(called metadata). Among many other things, it records exactly when the photo was taken. If the photo was taken using a smart phone with the GPS turned on, the location where it was taken may also be recorded in the metadata. It is difficult to alter or fake this metadata, so you may have clear proof of where and when it was taken.

    In your communications with Avis, be sure to emphasize that
    you have clear proof of when(and where, if GPS was on) the photo was taken. You should also retain a copy of the original file for safekeeping.
     
    #10
  11. pipipapa

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    The dent on the picture is not very obvious though, check attached picture, I point it out the dent place. I believe the photo has meta data of location etc information on it.

    Just got the reply from the customer service, below is how they replied.

    Thank you for contacting Avis Customer Service team.

    I apologize for any possible inconvenience, however this department does
    not have access to information relating to the incident in question. I
    forwarding your information to our Claims Department in Canada for
    attention.
     

    Attached Files:

    #11
  12. JVillegirl541

    Staff Member Advocate

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    Gosh that car looks pristine.... are you saying there is a dent in that picture?
     
    #12
  13. Carrie Livingston

    Staff Member Advocate

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    Actually, if you enlarge the picture, you can see it's not quite even. Now if that's similar to what they are claiming as damage, I'd say you've got a chance to make a case.
     
    #13
    honestpointofview likes this.
  14. sas80

    Staff Member Advocate

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    There's an arrow by the dent. If she took that in their garage before you drove off and the file time stamp is present, they can suck it
     
    #14
  15. pipipapa

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    Yes. That is the place the dent happens.
     
    #15
    Carrie Livingston likes this.

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