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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17451
Experience:  B.A.; M.B.A.; J.D.
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My auto was totaled in an accident (t and run) and was towed

Customer Question

My auto was totaled in an accident (hit and run) and was towed to an auto body shop. A shop employee took me to an Enterprise company because he knew the assistant manager and promised to pay for the first week of my rental. I had the car for a little more than a week and returned it. The auto body shop has not lived up to their promise and I have been harassed by Enterprise to pay the bill and this first occurred July 9, 2015.. I related the story to them yet they told me that the body shop has been giving them the run around. I am being billed for the entire amount because the body shop is unwilling to pay as they promised they would.
I have received a bill from Enterprise's Accounts Receivable for the entire bill ($236.66) and am considering small claims court for breach of contract. The assistant manager was present when the arrangements were made but they are billing me. I need answers please. Thanks.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.

Could you clarify?

Does your insurance policy not have rental coverage?

Were you at fault in the accident?

Customer: replied 1 year ago.
I was not at fault for the accident. A car drifted into my lane (hit and run) and caused the accident. A tow truck arrived and took me to an auto body shop in Covina Ca. That shop was to repair my car, An employee of the shop took me to a rental car agency (Enterprise) in a city called Duarte because he knew someone there who could give me a discount. The promise was that the body shop would pay for the first week of my car rental. I returned the car shortly after a week. The body shop has gone back on their promise and I have been billed for the entire amount of the rental. I have been repeatedly been contacted by Enterprise ever since July and have returned their calls to no avail. The body shop has not fulfilled their promise.
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

In any event, you are not responsible for the rental. The other motorist's insurance must cover 100% of your costs including rental fees, cost for towing the car, the repair work. You should contact your insurance company's claim specialist for assistance with this matter. Your insurance company needs to get in touch with the other insurance company to cover your expenses.

As for the promise, it would be your word against the employee. The promise is NOT enforceable because the auto shop is not responsible for you r rental. The other motorist is. Your insurance company must go after the other insurance company to cover all your expenses relating to this accident.