Sixt Charging for Loss Of Use nearly THREE years after accident

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Feb 5, 2018
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#1
I'm very glad to have found this forum!

In May of 2015 I rented a vehicle from Sixt in Seattle. I was rear ended at a low speed in stop and go traffic, causing very minor damage to the bumper. I erred at the time, because I was running late to the airport and at the scene of the accident it appeared there was no damage to the vehicle so I accepted the at fault party's contact information in lieu of insurance information as the other driver assured me they would take care of everything if issues arose. When I dropped the vehicle off, I noticed some damage that I didn't notice at the scene of the accident. I reported this to the person at the front desk and gave them the contact info of the other driver and left.

In the following weeks I went back and forth with Sixt and my insurance. The guy who hit me was refusing to pay for anything or provide his insurance information because he didn't think there was any actual damage. The claim was filed on my insurance since I didn't have his which was frustrating, but lesson learned. Always get insurance information and never take someone at their word, no matter how big of a hurry you may be in.

Fast forward to last week and I received an email from Sixt with an invoice for over $1100 for "expert's estimate of our loss caused by the damage", "loss of use", "admin fees", and "diminution of value". I received this 2 years and 8 months from the time the accident happened. I've had no dealings or communication with this company in the interim. It seems very odd to me that they waited this long to try to collect, and I have yet to find another instance when someone was hit with loss of use charges this long after the fact.

Do I have any options here? Is there any kind of "statute of limitations" or anything with these issues?
 
Last edited:
Jan 6, 2015
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#2
Resolving this to your satisfaction may prove difficult for the following reasons:
  • In addition to the at-fault party's insurance information you have not indicated that you took any pictures as proof of the incident (date and time)
  • Although you reported it when you arrived at the airport, the absence of proof leaves open the possibility that the damage could have occurred elsewhere
  • The "loss of use" and "diminution of value", while difficult for them to prove, are not covered by most insurance companies
In your favor I think ...
You do not say if your insurance ever paid for the damage 2+ years ago, but having reported the damage to them at that time should, in my opinion, mean that they will cover the cost of repairs (only) today if they have not already.

What to do ...
You can challenge the "loss of use", "diminution of value", and "admin fees" by following the instructions in this thread:
Car Rentals: Dealing with Damage Claims
 
Feb 9, 2016
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#4
did your insurance company get the car rental company to sign a release of liability when the car rental company got paid? they were supposed to. the release of liability releases all parties from future claims. Call your insurance asap and ask. If your insurance got a release of liability, have your insurance company call the car rental company and tell them to kick rocks. If your insurance did not get a release of liability, ask your insurance company how they intend to handle this demand for future monies - since it is absolutely their issue, not yours.
 
Feb 5, 2018
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#5
did your insurance company get the car rental company to sign a release of liability when the car rental company got paid? they were supposed to. the release of liability releases all parties from future claims. Call your insurance asap and ask. If your insurance got a release of liability, have your insurance company call the car rental company and tell them to kick rocks. If your insurance did not get a release of liability, ask your insurance company how they intend to handle this demand for future monies - since it is absolutely their issue, not yours.
I will contact them tomorrow and find out, thanks for the advice!
 
Jan 6, 2015
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#6
One small item of note here: when you edit your original post, the whole thread drops back into the moderation queue and disappears until it's re-approved ...
 
Sep 19, 2015
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#8
There are various limits on debt collections and that varies by state.

https://www.consumer.ftc.gov/articles/0117-time-barred-debts

As others have suggested please contact the insurance company and find out what happened.

I also would not be surprised if there is a new collection team that is trying to enhance revenue and is likely paid on a percentage basis of what they get recovered.
 
Dec 7, 2017
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#9
You need to sue the guy who hit you - but that may not be possible due to the statute of limitations.

A person cannot refuse to give you their insurance information in Washington if they are involved in an accident with you - that can and should be reported to the DMV in Olympia -= they'll deal with it.

Next - you need to find a lawyer and speak with them about what your rights are at this point against the other driver.

The claim by Sixt is somewhat suspeect at this point - again - you waited too long to do anything - I'm not going to say what I've said over and over again about diminution in value for a rental car - good luck
 
Feb 5, 2018
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#10
Thanks for your responses everyone. One of my good friends is an attorney so I'm going to speak with him about my options at this point. You've all given me some good homework to follow up on, which I will do and update everyone here.

One of the issues with filing suit against the other driver is distance-he lives in WA and I live in TX. I'll ask my attorney how this might work.

Thanks again for all the help!