Unfair Carhire Damage Claim

AdrianC

redux wrote: »

It might not be quite that simple. It might be possible to construct a case that it's an unfair contract term if the hirer isn't given as much time as staff to inspect the car before hire starts.

If this really is a big crack across a headlamp cluster lens, how much time do you need?

AH1234

It is not unknown for some companies to regularly charge for the same damage more than once, however if you cannot prove that the damage was there prior to your hire then I am afraid you will be paying up.

If I don’t pay, and they take me to court, it’s just my word against theirs. Does the law place the burden of proof on the hirer or the hire company?

AH1234

What hire company was this?

I prefer not to say since this is an ongoing case and it might effect the outcome.

oldernonethewiser

AH1234 wrote: »

If I don’t pay, and they take me to court, it’s just my word against theirs. Does the law place the burden of proof on the hirer or the hire company?

No it is not just your word against theirs. You signed for the car in a certain condition and then agreed it's condition when you returned it.



As I understand it you hired a car with no damage to the light and when you off-hired it, it did have damage.


So according to the paperwork you signed the damage happened while you had the car.

powerful_Rogue

AH1234 wrote: »

If I don’t pay, and they take me to court, it’s just my word against theirs. Does the law place the burden of proof on the hirer or the hire company?

It will be "on the balance of probabilities."

They will say you signed the car out reporting no damage and have a signature to confirm that.

You will say you did not damage it - with no proof.

With the threshhold being 51% - I reckon the hire company will win.

AH1234

As I understand it you hired a car with no damage to the light and when you off-hired it, it did have damage.

As I have already mentioned, I did not receive the usual pre damage form with the existing damage locations marked. Therefore the damage must have occurred sometime between the last previous inspection and when I returned the vehicle. I’m 100% certain it did not occur during my rental period. Depending on when the last previous inspection before my hire was it could have occurred anytime in that period.

oldernonethewiser

AH1234 wrote: »

As I have already mentioned, I did not receive the usual pre damage form with the existing damage locations marked. Therefore the damage must have occurred sometime between the last previous inspection and when I returned the vehicle. I’m 100% certain it did not occur during my rental period. Depending on when the last previous inspection before my hire was it could have occurred anytime in that period.

As you did not note the damage at the time of hire the company will, unless this damage has been noted somewhere, assume that there was no damage to the car prior to you hiring it. Therefore, as far as they are concerned, the damage happened when you were in charge of the vehicle.


As I said before unless you can prove the damage was there before you hired the car you will not win any case.

AdrianC

AH1234 wrote: »

As I have already mentioned, I did not receive the usual pre damage form with the existing damage locations marked.

Oh, I bet you did sign something saying there was no damage... Whether you read what you were signing or not.

I’m 100% certain it did not occur during my rental period.

I think I might have missed any clarification. Are we talking about a main headlight cluster, or an under-bumper minor light? When did you notice any damage? How many days and miles did you have the car for?

AH1234

As you did not note the damage at the time of hire the company will, unless this damage has been noted somewhere, assume that there was no damage to the car prior to you hiring it. Therefore, as far as they are concerned, the damage happened when you were in charge of the vehicle

I realise that I may well end up having to pay even though I know I didn’t do it. I will try to argue my case based on the time between the last inspection and my hire and settle out of court. Also, it was a clean crack with no damage to the surrounding body, you wouldn’t notice it unless you’re looking very closely.

AH1234

I think I might have missed any clarification. Are we talking about a main headlight cluster, or an under-bumper minor light? When did you notice any damage? How many days and miles did you have the car for?

It was the under bumper light. It was one clean crack and no damage to the surrounding body. I did not notice it probably because the previous hirer had put it back “in place”, but by the time I returned it it had moved slightly from vibration and there was a small tab between the light and the bumper.