Car Rental Damage Dispute

allesklar

I recently rented a car from Sixt where I collected from one location and dropped off at a different branch.

On collection I was given a printed written list of damages to the car where I had to go round and check off the described damage with what I could see on the vehicle.  I had to do this myself and the staff did not show me round highlighting the existing damage.  There was extensive damage to the vehicle already so I made sure that I checked off every bit of damage on the vehicle that corresponded to the list.  However, stupidly I did not take any photos at the time of collection    I have one photo of the vehicle taken one hour after collection where you can just about make out the damage they are claiming for (I am assuming that I will not be able to use this as evidence in my favour).

When I dropped the vehicle off the new branch highlighted damage which they believed had not been recorded before.  They produced photos of the vehicle which were not shown to me on collection.  The manager of the branch did concede that the damage did not look new and he recorded this on the report so hopefully this will go in my favour.  I have now received a request to fill in an 'incident report' including a statement on the 'course of events' that led to the damage.  The description of the damage is a duplicate from the list I was originally given from which I checked the car against.

I want to contest on two points. Firstly, I did not damage the vehicle and what they are claiming for was actually recorded already albeit in written form rather than photo.  Secondly, they have presented me with different/new evidence from what I was given on collection.  I believe being made to sign against a written list of damages but then being held to account against photo evidence is a manipulation.

My first thoughts are to contest through Sixt's internal investigation team and if they try to sting me with a hefty fee go to the relevant ombudsman.

I'd welcome any thoughts or advice on how to tackle this.

iainscomputer

This is why it is essential to have your own car hire excess insurance, an annual policy for Europe will cost about £40. You will still pay the excess to the hire company, but you will be able to claim this back.
i always make sure I have it after a hire car I had got damaged.

marlot

The odds are always stacked against you in these damage forms.  You try to be reasonable and just focus on the major areas, and no matter how much you try, you'll find something else you should have spotted a day or two into your hire.

To me, the only fair way they can work is if you're given the check-in sheet from the last hire as part of the check-out process.  That way they can't claim over and over for the same damage.

BOWFER

I'd be returning the 'incident report' saying "no incident took place"
The burden of proof lies with them to prove you did the damage, not with you to prove you didn't.
Their own procedures were lax and the manager has conceded the damage looked old.
End of story, their claim would never, ever stand up in court.

AdrianC

BOWFER said:

The burden of proof lies with them to prove you did the damage, not with you to prove you didn't.

They have a vehicle collection report saying the damage was not there, and a vehicle return report saying it was.

[Deleted User]

AdrianC said:

BOWFER said:

The burden of proof lies with them to prove you did the damage, not with you to prove you didn't.

They have a vehicle collection report saying the damage was not there, and a vehicle return report saying it was.

They can produce reports saying anything they like. They don't make it true. Reports are not proof you damaged the car, they are just a report of the damage someone happened to take note of at the time. It would be your word against theirs.

brianposter

Simply reply "Car was damaged when collected" and photocopy the damage report. It is not worth wasting any more time unless they argue.

allesklar

Thanks for all your responses.  I will post on here how things progress.

born_again

Try this lot. It's free.

https://www.bvrla.co.uk

allesklar

Frustratingly, Sixt are trying to charge me £400 for the damage.
There was no mention of my account in the letter I received so I take that as they haven't even considered it.
My course of action now is as follows:

1. Block my card so they cannot automatically take funds before my dispute is settled.
2. Exhaust Sixt's internal complaints procedure arguing on the grounds that the damage was already there and ideally getting CCTV footage from the collection branch in the hope there is enough detail to make out the condition of the vehicle.  The word 'dispute' is conspicuous by its absence in the damage report, rather they offer the opportunity for 'comments' or 'questions'.
3. If that fails use the BVRLA dispute resolution service, in particular claiming that Sixt did not follow the BVRLA code of conduct  with respect to 'pre and post rental procedures'

Does anyone have experience of Sixt's complaints procedure or of dealing with BVRLA?

David713

allesklar said:

Frustratingly, Sixt are trying to charge me £400 for the damage.
There was no mention of my account in the letter I received so I take that as they haven't even considered it.
My course of action now is as follows:

1. Block my card so they cannot automatically take funds before my dispute is settled.

It's very unlikely that will work as when paying for some services such as renting a vehicle or booking a hotel/motel room and giving card details to cover the cost, the T&C's that you agree to normally state that in the event of any payment being owed, you authorise the company to take that payment from the card provided so as the payment will have been authorised before you blocked it, the card company may well honour the payment request.

If this wasn't the case, someone could book a hotel room and check out, paying only for the room and them cancel their card and then the hotel later discover that they had emptied the minibar or nicked all of the linen.
It's the same with vehicle hire. There could be things like damage, parking or speeding fines, unpaid tolls etc which are only discovered after the vehicle had been returned and paid for.