dtremit
Mar 23, 12, 6:12 pm
Has anyone here dealt with National's damage recovery unit regarding a rental in New York state?
I completed a one-way rental from Syracuse to Albany, dropping off the car on the 15th. This week I received an overnighted "incident form" from National's Damage Recovery Unit saying the office had received notification that the vehicle was returned with damage, and referencing New York General Business Law 396z (http://codes.lp.findlaw.com/nycode/GBS/26/396-z), including a notice that I may be liable for damages to the vehicle if I do not "completely and accurately" fill out the incident report.
However, there is no incident to report; to my knowledge, the vehicle was returned without damage. I don't really understand how I can fill out an incident report under those circumstances, and I don't really want to give them my insurance information at this point in time.
In looking through the text of the law cited on the form, I note the following two sections:
3. Subject to the provisions of subdivisions six, seven, and nine of this section, a rental vehicle company may hold an authorized driver liable for actual damage to, or loss of, a rental vehicle, provided that: (a) any claim for such damage shall be based on a physical survey and shall be made upon the return of the rental vehicle, unless returned by automation or after-hours which precludes such survey, in which event any claim must be made within ten days after return [...] For purposes of this subdivision, "returned by automation" means a return acknowledged by machine receipt and where there is no interaction with rental vehicle company personnel and "after-hours" return means a return after normal business hours and in which the keys and rental agreement are deposited in the rental vehicle company office.
[...]
5. (a) Upon return of the vehicle, termination of the rental contract, or within ten days if returned by automation or after-hours, the rental vehicle company shall furnish an incident report form... If the vehicle is returned by automation or after-hours, such incident report form and notice shall be mailed by overnight delivery service or certified mail...
Emphases are mine. I returned the car during scheduled business hours. The agent did a walk-around of the car and did not note any damage, and did not provide me with an incident form at that time.
It would seem to me, based on the two sections cited above, that they forfeited their right to hold me liable for any damage by not making a claim upon return -- and that mailing me a form after the fact is only acceptable procedure if the return was unattended. But I am not a lawyer.
I'm curious if anyone else has dealt with this nonsense for a New York rental, and if so, what was the outcome?
I completed a one-way rental from Syracuse to Albany, dropping off the car on the 15th. This week I received an overnighted "incident form" from National's Damage Recovery Unit saying the office had received notification that the vehicle was returned with damage, and referencing New York General Business Law 396z (http://codes.lp.findlaw.com/nycode/GBS/26/396-z), including a notice that I may be liable for damages to the vehicle if I do not "completely and accurately" fill out the incident report.
However, there is no incident to report; to my knowledge, the vehicle was returned without damage. I don't really understand how I can fill out an incident report under those circumstances, and I don't really want to give them my insurance information at this point in time.
In looking through the text of the law cited on the form, I note the following two sections:
3. Subject to the provisions of subdivisions six, seven, and nine of this section, a rental vehicle company may hold an authorized driver liable for actual damage to, or loss of, a rental vehicle, provided that: (a) any claim for such damage shall be based on a physical survey and shall be made upon the return of the rental vehicle, unless returned by automation or after-hours which precludes such survey, in which event any claim must be made within ten days after return [...] For purposes of this subdivision, "returned by automation" means a return acknowledged by machine receipt and where there is no interaction with rental vehicle company personnel and "after-hours" return means a return after normal business hours and in which the keys and rental agreement are deposited in the rental vehicle company office.
[...]
5. (a) Upon return of the vehicle, termination of the rental contract, or within ten days if returned by automation or after-hours, the rental vehicle company shall furnish an incident report form... If the vehicle is returned by automation or after-hours, such incident report form and notice shall be mailed by overnight delivery service or certified mail...
Emphases are mine. I returned the car during scheduled business hours. The agent did a walk-around of the car and did not note any damage, and did not provide me with an incident form at that time.
It would seem to me, based on the two sections cited above, that they forfeited their right to hold me liable for any damage by not making a claim upon return -- and that mailing me a form after the fact is only acceptable procedure if the return was unattended. But I am not a lawyer.
I'm curious if anyone else has dealt with this nonsense for a New York rental, and if so, what was the outcome?