Comfort Systems

Complaint: [redacted]
I am rejecting this response until I receive their (ACM) claim that states they "agree to waive the remaining balance and close our file" in writing to me I have to hold off on the acceptance. I have my reasons and the main one is I am mistrustful of ACM at this point. Once I have their claim of closing the case I will agree to the closing of my complaint because at this point other than their response to Revdex.com there is no proof that releases me from the allegation(s) that I am responsible for any claims as no evidence was ever provided to me, AMEX and now GEICO to show the amount(s) that is/was claimed. I reviewed
Regards,
[redacted]

Revdex.com: After this email, they called me and offered to reduce my payment to $500, which I think is much more reasonable.  I have called them to make the payment. 
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Regards,
[redacted]

All supporting documentation has been mailed out to the customer as of 8/23/16. Once the documentation has been received, the customer may contact our office to further discuss.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
I feel this company should allow the third party insurance companies sufficient time to resolve the liability issues before they begin their aggressive pursuit of the party who is not liable. 
[redacted]

At this time, our stance remains the same. As the vehicle owner, my client is entitled to any and all damage based on the terms of the rental agreement (which is a legal and binding contract) regardless if they choose to complete repairs. Mrs. [redacted] may contact our office directly to discuss a reasonable settlement for the remaining balance of the claim.

The customer's complaint has been reviewed and although Alternative Claims Management's (ACM) records indicate correspondence that is dissimilar from the customer’s complaint, we have reviewed the case with our client, [redacted], and they have advised ACM to close the file. The customer...

will no longer be contacted by ACM.

Alternative Claims Management (ACM) has been retained by Avis Rent a Car (A Licensee) of Roanoke, VA. ACM is a third-party claims administrator which handles claims for this licensee location. ACM has the authority to handle, negotiate, and settle claims on behalf of this location. Sedgwick is the...

claim handler for Avis Corporate claims. Apologies for any confusion on the claim handling for the loss regarding this matter. By virtue of the rental contract entered with Avis Rent A Car, the customer is responsible for any and all damages and/or fees regardless of fault. Additionally, the customer is responsible for any amount not covered by insurance, credit card or other available coverage. While it is appreciated that the customer’s insurance company paid their portion of the loss, unfortunately, it does not waive the balance due. To the contrary, the representative negotiated the balance favorable to the customer. Loss of use is compensation for the rental value of the vehicle during a reasonable time to make the necessary repairs. Standard calculation for the loss of use is a reasonable number of days to repair, times the contracted rental rate. It is not necessary to prove that they would have had the vehicle rented. Reasonable downtime for this loss was 8 days, however, in spirit of compromise, the claim rep offered to reduce the amount to 5 days in effort to quickly resolve the claim with the customer. These additional claim fees were not covered by the renter’s personal auto policy; however, the customer would still remain responsible for the balance of the charges per the terms of the rental agreement.Tell us why here...

Alternative Claims Management is retained by Dollar Rent A Car to recoup all losses surrounding damage claims as per the rental terms and conditions to which the renter agreed to be responsible.  Per the contract, the renter owes for any loss or damage regardless of fault, plus loss of use,...

diminution of value, a reasonable administrative fee, regardless if the vehicle is repaired. In addition, the renter also agrees to be responsible for any amounts not covered by insurance. After several months of trying to obtain the requested proof of payment from my client, Dollar confirmed repairs were not completed. Mrs. [redacted] was notified as of 3/6/15. The claim was then filed with the insurance company, to which they reviewed and agreed to cover the physical damage, less the insured's $500.00 deductible. Unfortunately, the customer's auto policy does not provide provisions to cover the loss of use, diminution of value or administrative fees. As per the terms of the rental contract, the renter is responsible for any balance not covered by insurance. I believe Mrs. [redacted] mistakenly understood her insurance reason for not addressing the balance due to coverage issues, and not for the fact that they do not think it is valid. At this time and as per the rental agreement, the customer remains responsible for the balance due. As a compromise to settle the claim, our claim representative has presented a negotiated offer to settle the claim. We are still willing to accept this amount to finally resolve the claim.I have attached the claim supports as well as the contract terms & conditions showing the customers responsibility.

In response to Mr. [redacted]’s dispute, I would like to advise that by virtue of the rental contract he entered into with Verc/Sixt Rent A Car, he remains responsible for any and all damages and/or fees regardless of fault. Additionally, as part of the rental contract, he has agreed to pay any amount...

not covered by insurance, credit card or other coverage available to him. I will confirm a partial payment was received by AMEX, however they offer a benefits program that may provide coverage for part of the rental damage claim; however, this program limits coverage per their program terms and guidelines. Unfortunately, American Express’ terms conflict with the terms and conditions of the rental car contract. Mr. [redacted] did provide his primary insurance to which we attempted to collect the balance. Mr. [redacted] was also advised of the conflict of the two.  Our office did error in billing the full claim to Geico, however it was a clerical error and not an intent to cause harm.  Geico has advised that the policy does not provide coverage for the unpaid balance. Although Mr. [redacted] remains contractually responsible for the unpaid balance, as a courtesy, we have agreed to waive the remaining balance and close our file.

Complaint: [redacted]
I am rejecting this response because: In your note you say you confirmed from Dollar that repairs WERE NOT completed, which is what I have said all along.  If the car was never repaired then how can I be held responsible for "loss of use?"    My insurance company has paid 1450 dollars for work that was NEVER done.  Isn't that enough?? To me, the only legitimate claim is $487.50 for diminution in value.  And since my insurance has already paid $1450, that is $1000 over what sounds reasonable. How is it legal to charge me for work never done and loss of use when it was never out of commission?
Regards,
[redacted]

The customer was billed the claims related administrative fees in accordance with the terms of the Fox Rent A Car rental contract and terms and conditions, as well as in accordance with CA Civil Code Section 1936, which allows a rental company to charge a renter up to $150.00 to recoup the...

administrative expenses associated with a damage claim. This is not a fee imposed by Alternative Claims Management (ACM), but simply a fee charged by the rental company. Attached is a copy of the rental contract and terms and conditions to support our client's claim. Our records indicate that the customer and ACM have reached an amicable resolution and have agreed on a settlement amount.

Again, loss of use is the amount claimed for the time the vehicle is unavailable due to the repair. “Standard calculation” means that in order to put an amount to the request, you have to calculate the number of days to repair, times the rental value. We use the industry standard of 4-hour labor days, adding 2 weekend days for every 5 and 3 administrative days which account for the day of the loss, a day for estimating/parts ordering, and a day to in-service the unit.This is an industry standard (recognized by insurance & repair shops who use this) calculation on how to find the total value for loss of use. The period of loss must be "reasonable," meaning the damages will be limited to a period in which a person would normally and promptly proceed to have the vehicle repaired. The number of days and rental value shall not be excessive or above and beyond a reasonable value. Loss of use is outlined within the terms of the rental agreement, which goes one step further advising loss of use is owed without regard to fleet utilization, meaning, regardless how many vehicles are available, my client lost use of this particular vehicle for whatever means necessary, including but not limited to renting for normal business, or to see, sell or display for their general use.   The Additional Driver Application/Agreement states that the “Additional Driver” “agrees to the terms of the rental shown on both sides of the Rental Agreement…which he (she) has read and understands.” With that said, the Additional Driver is bound to the same contract terms as the named renter. The customer, in this case, named the Additional Driver, has accepted responsibility for the loss.Under a separate cover, all claim documents, including the contract and terms and conditions will be provided to the customer for review. Tell us why here...

The calculation is not reasonable for this event.My proposal: Assume the technician works full-time (8 labor hours per day); Car turned in on Monday, therefore no weekend days necessary; no diminution of value; No parts needed (vehicle was scraped not wrecked), therefore all administration fees were covered under Statefarm.  [redacted] [redacted] [redacted] [redacted] [redacted] paid within 24 hours of your acceptance.
Regards,
[redacted]