Uncle Hit Rental Car in Driveway

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Aug 1, 2017
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#21
Thanks for the reply @sas80 . I have a few emails from Becky Peachey, the first contact, and she is absolutely no help.

However, the second contact, Joe Bartee, yielded a helpful reply by the team. The request for the fleet utilization log was sent to the Claims Manager.

Also, I believe I forgot to mention here that the at-fault driver's insurance has agreed to pay the loss of use, as long as I can provide the fleet utilization log. They want Avis to prove that every car in the fleet was taken out that day and this resulted in a true loss of use. The insurance company is USAA and they are awesome; They even called Viking and asked for the release of the log and Viking told them they don't need to disclose that information to the insurance company.

So, let's see how this goes!
 
Feb 9, 2016
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#22
Thanks for the reply @sas80 . I have a few emails from Becky Peachey, the first contact, and she is absolutely no help.

However, the second contact, Joe Bartee, yielded a helpful reply by the team. The request for the fleet utilization log was sent to the Claims Manager.

Also, I believe I forgot to mention here that the at-fault driver's insurance has agreed to pay the loss of use, as long as I can provide the fleet utilization log. They want Avis to prove that every car in the fleet was taken out that day and this resulted in a true loss of use. The insurance company is USAA and they are awesome; They even called Viking and asked for the release of the log and Viking told them they don't need to disclose that information to the insurance company.

So, let's see how this goes!
Perfect! From now on make sure you mention in ALL of your correspondence that the insurance company is willing to pay for loss of use providing Avis can prove that there was loss of use. ANY TIME someone tries to threaten you with collecting loss of use against you, you reply with that information "Loss of use shall get paid by insurance. They are simply requesting the fleet utilization log to determine that it is a legitimate claim. Please provide this information and your loss of use claim shall be paid promptly"

This is now your stock answer for loss of use - know why? Because if you ended up in small claims, or mediation, the judge/mediator would most likely look at Avis/Viking and say "you would have gotten paid on this but you refused to provide proof. dismissed"
 
Aug 1, 2017
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#23
Excellent! It seems like a reasonable request. Thank you for your help here, @sas80 . Everyone else just wanted me to give in and eat the costs without a fight.

I am also searching for a copy of the rental agreement that I signed, to see if I agreed to a $100 administrative fee. @Kahhss mentioned it is usually $75 (although it may vary across states and I was in Florida). I requested a rental agreement online and it is only an e-receipt. Is it possible to get a copy of my signed document?
 
Feb 9, 2016
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#24
if they want to get paid they have to play fair. when someone says "you WILL get paid, i just need proof that you are entitled to payment" that is reasonable.

unjust enrichment typically doesn't fly in a court of law. you can only sue for ACTUAL damages and, if someone says "okay, prove to me that these actual damages have occurred" you cant turn around and say "no, just pay me"
 
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Aug 1, 2017
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#26
So, I followed up with AVIS for four emails and after about a week, they responded with this:

"Dear Goober,

Sedgwick is the claim administrator for Avis Budget Group. We are not an insurer or an insurance company.


This email is in follow up to your inquiry with Avis Budget Group regarding support for Loss of Use charges. Unfortunately there is no Fleet Utilization Log to provide. The loss of use charges are specifically stated in the Terms of the rental and are based on the specific vehicle rented/damaged without regard to the fleet as a whole. The charge is for loss of use which is supported by the damage estimate not for loss of revenue.


If USAA is unwilling to pay the minimal Loss of Use charge, it would remain the contractual responsibility of the renter. As a courtesy, I am willing to discuss the matter directly with USAA if you would provide me with the USAA claim number. I can speak with them and follow up with you in regard to the outcome.


Kind Regards,


Joseph W. Rogel | Claims Recovery Team Lead
Sedgwick Claims Management Services, Inc."

So, I will give them the claim number and see if they can work their magic for me. I did see in the fine print that AVIS likes to make their claims without the fleet utilization log provided. So, I would still like to see where I signed for a $100 admin fee. The saga continues! Thanks for keeping with me folks
 
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