Unfair Carhire Damage Claim
I’m facing an unfair damage claim for car hire damage that I’m sure I didn’t do. When I returned the car, the person checking for damage noticed that the plastic cover for the front lights was cracked. I’m 100% sure that I did not hit anything while driving and I’m also sure it didn’t happen while the car was parked.
The hire company have sent me a bill for over £600 for the repairs.
Some facts I would like to make clear:
1. I was not aware of the damage until I returned the vehicle.
2. I signed the check out form in which the damage was noted. But this was only to acknowledge the damage existed. I did not sign the check out form as a statement of responsibility for the damage or the time that the damage occurred.
3. I did not sign any check in form when I hired the vehicle showing any existing damage.
4. There was no damage or marks to the surrounding body of the car as would be expected if there had been any collision or contact with a stationary object. This suggests the crack may have been pre existing, perhaps made worse from vibration etc.
I have written a letter to the company asking them to provide proof that the damage occurred during my hire period. I have also cancelled my credit card so they cannot deduct anything without my agreement.
I can understand if I had signed a check in form AND a check out form showing the new damage, then I would be liable in that instance.
Just wondering if I stand a chance. Surely if they decided to take me to a small claims court, they would need proof that the damage occurred during my rental period.
The hire company have sent me a bill for over £600 for the repairs.
Some facts I would like to make clear:
1. I was not aware of the damage until I returned the vehicle.
2. I signed the check out form in which the damage was noted. But this was only to acknowledge the damage existed. I did not sign the check out form as a statement of responsibility for the damage or the time that the damage occurred.
3. I did not sign any check in form when I hired the vehicle showing any existing damage.
4. There was no damage or marks to the surrounding body of the car as would be expected if there had been any collision or contact with a stationary object. This suggests the crack may have been pre existing, perhaps made worse from vibration etc.
I have written a letter to the company asking them to provide proof that the damage occurred during my hire period. I have also cancelled my credit card so they cannot deduct anything without my agreement.
I can understand if I had signed a check in form AND a check out form showing the new damage, then I would be liable in that instance.
Just wondering if I stand a chance. Surely if they decided to take me to a small claims court, they would need proof that the damage occurred during my rental period.
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Comments
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You must have signed to say the car was free of defects when you collected it, although they may not have made it clear that's what you were signing for.
If this is the case you might have a battle on your hands.0 -
How do you know it didn't happen when parked?0
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I think you’ll struggle with this because you didn’t check the condition when you accepted the car and presumably the last person to return it did so with no damage reported or noted.
Cancelling your card may only postpone the problem because if they believe they have a case they will pursue it and you’ll have to pay if they win. What you can do is ask for evidence that it’s £600 worth of loss to them. It might well be when they include loss of earnings on it whilst it’s in the workshop for a day.0 -
Thanks. The cost of only £600 is only for the cracked plastic cover, seems over inflated. They are saying almost £400 only for parts, and £100 for labour and some other unspecified charge. Is it possible to challenge them on the price?0
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Thanks. The cost of only £600 is only for the cracked plastic cover, seems over inflated. They are saying almost £400 only for parts, and £100 for labour and some other unspecified charge. Is it possible to challenge them on the price?
It's quite possible that you can't just replace the cover but the whole light cluster needs to be replaced and it's one of those pigs of a job that take ages. You could check the part price on the interweb and see if it's reasonable. What car was it?
The other charges will be the loss of revenue while it's off the road and the admin cost of processing the claim0 -
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Basically I agree with Yorksboy on this one, if they decide to slap the charge onto your hire payment CC then it'll be charged, with or without your authorisation.
If you then 'charge the payment back' the CC will do a chargeback against the company who will then dispute this with the paperwork you've signed as evidence and it'll then be re-charged to the account.
Even if you close the CC account the CC company will come after you, so it's not a get out plan I am afraid.
You couldn't have taken the car without signing a document confirming any existing defects/damage or none as the case may be. Any damage not noted on that receipt document will be chargeable if the company wish to do so.
I've often dropped cars off earlier or later when no staff have taken receipt in person -it makes no difference to the hire agreement and leaves you wide open to claims of damage after the hire unfortunately.
After having my own card charged upfront for collision damage waiver excess in Cyprus some years back and then having some silliness which kept going for a few months before my own CC provider reimbursed me, I now:
Photograph each side of the car and the odometer/fuel guage (if not a full/full agreement) in front of the hire person before I accept the keys and again when I drop the car back off.
Take out CDW excess insurance (£40ish) every time I hire.
This has saved me at least once where a company has claimed to have fuel missing or scratches on the bumper that were either there before or weren't there at all! Basically I sent the photos and never heard from them again, the CDWE insurance is peace of mind basically and saves me taking the hire firms 'optional extra' extortionate daily charge (usually €30-40 a day!) for the same.0 -
the card IS PRE AUTHORISED so you will be charged0
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I actually didn’t cancel the credit card but reported it lost. Can they still charge the credit card if it’s been reported lost?0
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It's hard to argue that you didn't notice pre-existing damage to a main headlight cluster, or do you mean a smaller auxiliary light cluster low, under the bumper?
If the latter, then it'd be easy for road debris to damage the light without you noticing.
If the former, then £600 is hardly unreasonable to replace the cluster - it could even be substantially more. Remember, the car needs to be off-hire, too, until the light is replaced. An hour's labour to remove the bumper and replace the light.
Can you clarify what you mean by...2. I signed the check out form in which the damage was noted. But this was only to acknowledge the damage existed. I did not sign the check out form as a statement of responsibility for the damage or the time that the damage occurred.
As far as the payment goes - cancelling your card will, as others have said, achieve nothing. Even if it did, it doesn't cancel the debt - ultimately, you would be taken to court to enforce the debt, and the paperwork will support the claim. Fees will escalate if that happens, and you will end up paying a lot more.0
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