Avis Neglegence

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Mar 26, 2021
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I am attempting to reach out in hopes to resolve this matter. I have made multiple attempts to resolve this matter by calling the Avis customer service department and the agency owner from the location I rented from with absolutely no help.

I rented a Toyota Highlander from the Avis Oseao/Brooklyn Park location on December 13, 2020. After just a few hours it was made very clear that the vehicle was not in a safe driving condition, especially in the newly fallen snow. Having vehicles which are prepared for the snow in December in Minnesota is a must obviously unless you have no regard for your customers safety. All 4 tires on this vehicle had far less than the minimum legal tread depth for a passenger vehicle and I was unable to stop the vehicle even when only moving 3-5 miles per hour. After making several attempts to gain traction while driving very slowly, I attempted to stop at a driveway and was unable to, leaving the vehicle to slide two lanes into a major busy street where I was almost hit by oncoming traffic. After contacting customer service I was advised to leave the car where it was and contact roadside service. I attempted to call roadside service and waited on hold for 14 minutes with no answer from a person before hanging up and calling customer service back to tell them the situation. I was advised to return the keys to the manager of your Brooklyn Park location, which I did the following morning, December 14, 2020. At that time I left him with the exact address of the vehicle and the keys and was told that he would take care of it. After calling several times to follow up on the status of the vehicle we were told each and every time that it was being taken care of and we didn’t need to worry about it.

A month later we receive text messages from a repossession person sent by the loss prevention department asking for the location of the vehicle. We provided him with the same location we gave to Dante Dixon (agency owner) and he had let us know that he was able to retrieve the vehicle with no issues a few hours later. We did not have possession of the keys from December 14 at noon moving forward. Dante Dixon is the owner and manager of the Brooklyn Park location and that is exactly who has had possession of the keys since December 14. They have charged my account now $2500 in unauthorized charges after renting me an unsafe vehicle because they failed to do their due diligence in providing their customers with a safe vehicle. Thry are charging me for the daily rate of the vehicle for 12/13/2020 to 1/14/2021. This is highly unacceptable and negligence on the part of The Avis/Budget Group. Luckily there were no damages and no accident but they refuse to correct this issue of charging me.

I have been in contact with customer service at the phone number provided a total of 11 times since This issue began, with 5 calls since my account was charged $2500 on January 17th. The first 2 calls I was told that a manager would call me back within 48 hours. No one ever did and I was not given the option to wait on hold even though I asked. The third call to customer service I was told that someone from your corporate office would contact me regarding the charges, which again never happened. The fourth call I finally was able to speak to a supervisor who was incredibly rude and offered to give me a 30% discount on the charges, which is outrageous considering we were rented a vehicle which had clearly never been maintained. My fifth call I attempted again to get ahold of someone from corporate and was refused a phone number or call back. I have to meet visits to the rental location on three different occasions. The most recent trip was On March 27, 2021 and when I what is attempting to peacefully discuss this matter with the owner he refused to help me and then called the police on me in order to force me to leave.

Their negligence and failure to maintain a vehicle which is part of Minnesota state law, has caused this problem and they refuse to acknowledge any overcharging or negligence on their part.

I have made a total of 42 phone calls to either customer service or the owner at the Avis location I rented from and spent over 6 1/2 hours on the phone. Additionally I have had to make three trips to the rental location, which is three hours away from my house, and has cost me about $100 in gas. I am seeking reimbursement for the total amount charged to my account, which was $2561.98, and reimbursement for my gas I have had to waste driving down to the location.

Edit to remove attachment that contained writers personal information.
 
Last edited by a moderator:

VoR61

Jan 6, 2015
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Whenever a favorable resolution is sought, it is important to avoid expressions of anger or criticism ("extremely rude", "negligence and failure", and "highly unacceptable") . The facts should be presented in a concise manner that can be easily read in under 5 minutes, followed by a polite request that would be considered reasonable.

You can escalate this VIA EMAIL using the contacts in the following link:
do not include attachments - - offer instead to send them upon request
be sure to start at the lowest level and that you give each contact one (1) week to respond before escalating to the next level

EXAMPLE
"I am writing to you today because my efforts to resolve an issue with customer service have been unsuccessful. Here are the details:
  • I rented a Toyota Highlander from the Avis Oseao/Brooklyn Park location in Minnesota on December 13, 2020
  • Once driven in the snow, I was unable to stop the vehicle even when moving 3-5 miles per hour and slid two lanes into a busy street where I was almost hit by oncoming traffic
  • I then discovered that all 4 tires had far less than the minimum legal tread depth
  • When I called Customer Service I was advised to return the keys to the manager of your Brooklyn Park location, which I did the following morning
  • I left the owner (Dante Dixon) with the exact address of the vehicle and the keys and was told that he would take care of it
  • A month later we received text messages from an employee sent by the loss prevention department asking for the location of the vehicle
  • We provided him with the same location he let us know that he was able to retrieve the vehicle with no issues a few hours later
  • Avis has subsequently charged my account $2561.98 for the daily rate of the vehicle for 12/13/2020 to 1/14/2021
  • I was able to speak to an Avis supervisor who offered to give me a 30% discount on the charges
  • Additionally I have made three trips to the rental location in order to resolve this, which is three hours away from my house
I would very much appreciate a refund of these charges. I do believe that I have acted responsibly in the handling of my part in this matter.

Thank you for your time and consideration - I respect that you are very busy"
 
Jan 6, 2021
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Houston, TX
Whenever a favorable resolution is sought, it is important to avoid expressions of anger or criticism ("extremely rude", "negligence and failure", and "highly unacceptable") .
So, so true. "Negligence" is a legal term that gets bandied about fairly frequently, but it does have a fairly specific definition with some very specific elements. Risk managers train customer service agents to recognize these words from customers because they are clues to potential legal action. In an effort to avoid releasing potentially damaging information, the customer service agent is trained to simply tell you there is nothing they can do and terminate the call. Throwing around legal terms often leads you to a dead-end. Even for lawyers, like me.

Since we're on the subject, though, let's talk about rental contracts. Nobody reads all the fine print that is drafted by attorneys far more knowledgeable than I am. So smart are they, in fact, that they contract around negligence by placing a "duty to inspect" on you, the consumer. You know, that part where you walk around the car and look for damage (that few of us take very seriously.) You noticed the "minimum legal tread depth" of the tires at some point, so their response would be, "Why didn't you mention that when you rented the vehicle?" Incidentally, rental vehicles are all GPS tracked...they knew where it was, but it seems like yours wasn't properly checked back into the system and was likely flagged automatically.

Long legal story short, be nice and avoid accusations. Tell them that you felt the vehicle was not safe to operate in the weather conditions and that you followed all of the instructions that were provided to you by the franchise owner. Use @VoR61 's brilliant bullet points and, even though it was an emotional experience for you, drop the emotion. I bet you'll ultimately be successful
 

Mel65

Mar 23, 2015
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Sounds like Dante Dixon didn't properly put the car back into inventory, so all corporate sees is a missing vehicle. Do you have any proof of returning the car to him? Texts back and forth and him saying, "Hey I picked it up, we're good to go?" or anything? Did he email a final receipt? Right now all they *besides Dante* know is that in the computer, you've had this car for a long while without paying for it. Seems Dante could easily clear all this up... where is he in this?
 
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Jan 6, 2021
141
545
93
Houston, TX
Sounds like Dante Dixon didn't properly put the car back into inventory
That was my thought, too. I looked at the copy of the invoice that he posted--the return location for the car was the airport, not Dante's shop. All of the rental car companies distribute/re-distribute their cars through the airport, so it looks like that's where it got scanned in. Besides, OP left the key with Dante...if the car got scanned in at the airport, they had to get it there somehow! I doubt the recovery agent towed it to the airport and dropped it there.
 
Sep 27, 2018
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Thank you very much for your responses and guidance! I will most definitely follow your advices and go about it the nice way!
I think since you are local (within 3 hours) you know how to drive in snow and winter conditions and that should be worked into your case. If I was an Avis mgr, the first thing I would think is the driver is from a sunbelt state and doesn't know how to drive in winter weather and panicked. Give them one less excuse to deny your request.
 
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