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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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What legal recourse do I have if the auto body shop who rented

Customer Question

What legal recourse do I have if the auto body shop who rented a vehicle for me at Enterprise listing them on the contract as the payor was changed by them and Enterprise at the last minute (without my knowledge or consent) to an insurance claim contract? My insurance won't pay since it is above the limit of my policy. The auto body shop signed a letter I typed stating that I would not have to pay, however they are telling me they will take care of it at the same time that they are telling Enterprise that they will not pay for the rental. Please advise!
Submitted: 6 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 6 years ago.

Good Evening,

 

If you had an agreement with the auto body shop that they would pay for the rental if your insurance did not, you cannot tell the insurance company to look to the auto body shop for payment because the insurance company was not a parsty to that agreement. If the insurance company does not pay for the rental, you should assert your rights under the agreement you have with the auto body shop and ask them to pay. I they do not pay, you can sue them under that agreement.

 

 

 

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Customer: replied 6 years ago.
o.k.-quick follow up- The insurance company was never part of the deal-the auto body company opened the car rental and was listed on the rental contract as the one who would pay. When I went to pick up the car I verified this by asking who was paying for the rental and Enterprise said the auto body shop was, which was also listed on the contract. Toward the end of the rental,the auto body shop called Enterprise and had them switch the contract from the auto body as payor to an insurance claim contract. without my knowledge or consent, which Enterprise at first denied they did, until I pressed the branch manager to admit that he had done it, which I believe is not legal, although the regional manager I recently spoke with said that they do this at Enterprise all the time! My insurance company has already paid up to my policy limit in rental car coverage, which the auto body shop was fully aware of ( the car has been back and forth to this auto body shop three times!) My question is this- Does Enterprise have the right to arbitrarily change the terms of the original contract without my consent/knowledge and...Does my signed letter from the auto body shop which states that they told me that I would not have to pay any of the costs associated with this rental indemnify me?
Customer: replied 6 years ago.
o.k.-quick follow up- The insurance company was never part of the deal-the auto body company opened the car rental and was listed on the rental contract as the one who would pay. When I went to pick up the car I verified this by asking who was paying for the rental and Enterprise said the auto body shop was, which was also listed on the contract. Toward the end of the rental,the auto body shop called Enterprise and had them switch the contract from the auto body as payor to an insurance claim contract. without my knowledge or consent, which Enterprise at first denied they did, until I pressed the branch manager to admit that he had done it, which I believe is not legal, although the regional manager I recently spoke with said that they do this at Enterprise all the time! My insurance company has already paid up to my policy limit in rental car coverage, which the auto body shop was fully aware of ( the car has been back and forth to this auto body shop three times!) My question is this- Does Enterprise have the right to arbitrarily change the terms of the original contract without my consent/knowledge and...Does my signed letter from the auto body shop which states that they told me that I would not have to pay any of the costs associated with this rental indemnify me?

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