Budget threatens customer with lawsuit, garnishment after he questions damage claim

Just in case you thought my recent critique of the car rental industry’s damage claims practices was over the top — and I assure you, it wasn’t — let me introduce you to Jonathan Kiluk.

He rented a late-model, four-door Toyota Camry from Budget Rent-A-Car in Ontario, Calif., earlier this year and is now being pursued by the company in a way that you might find a little troubling.

Kiluk had researched his insurance needs and determined that he’d be covered under his auto policy. So when he picked up his rental on March 11, he decline the optional (and for Budget, highly-profitable) coverage.

“I signed all of the paperwork, gave them my ID and credit card and was given the key at the counter,” he says. “The man at the counter told me where the car was parked in the lot, and the guard at the gate verified my paperwork.”

That’s it? Weren’t they going to do a walkaround, to inspect the Camry for any pre-existing damage? No.

Kiluk assumed everything was “fine” with the car. After all, it was a 2012 model with 4,659 miles on the odometer — what could possibly be wrong with it? He didn’t conduct an inspection of his own or take any pictures of the vehicle.

That proved to be an expensive mistake.

When we took the car back, the young kid in the parking lot stated that he found a small dent and would have to fill out an incident report.

I was upset at this point because they didn’t check the car before and I know we didn’t have any issues on the trip. I filled out the incident report stating “I believe that the small dents were present at check-out.

We did not hit anything.

Still, Budget sent him a bill for the damage. And it was firm — maybe a little too firm — in its demand. It insisted on being paid $689 to repair the ding (see photo, above) which included a $100 “administrative” fee.

And if he didn’t? The letter seems to suggest something horrible would happen, although I’m not a lawyer. Read it yourself (PDF).

Something didn’t look right to me. I can’t imagine that little ding costing $689 to repair, but beyond that, Budget hadn’t really shown that the damage happened on Kiluk’s watch.

I contacted the company on his behalf. It didn’t respond directly to me, but send him the following letter (PDF).

Here’s an excerpt:

We must demand payment in the above amount. This sum is PAYABLE IMMEDIATELY.

Should this office find it necessary to seek a judgment against you, and same is entered, that judgment will be recorded and a lien on any real property you own may result. Additionally, we will be forced to pursue other legal remedies such a wage garnishment, motor vehicle levies, execution upon your real and personal property wherever located.

Contact this office immediately to make arrangements to pay or arrange for payments on your outstanding debt.

Kiluk just wants a better explanation for this bill. If he makes a claim on his auto insurance, it’ll probably affect his rates. And besides, if he didn’t damage the vehicle, why should he have to pay?

Both parties made mistakes, the way I see it. Kiluk should have inspected the car and if the dent was discovered at the end of his rental, he needed to take responsibility for it. The $100 “administrative” charge — sometimes referred to as a “junk” fee — is negotiable. The rest? Probably not.

Budget’s approach to this customer is so aggressive and borderline hostile, it’s no wonder people have grown to dislike car rental companies. It needs to tone things down if it wants to stay friendly with its own customers.

Update (4:15 p.m.): We have a resolution. Budget has contacted me, and Kiluk confirms the fix.

They had admitted that they were wrong for not completing a walk around and stated that they could not see the dent on video when I left, or returned the car. They still tried to get me to pay a part of the bill, but I did not give in.

I asked the man, “If you were in my shoes and felt like you were not responsible for the damage would you feel it was fair to pay a portion of the bill?”

He replied “No.”

I said, “Okay, there is my answer.” He said he would get back to me at the end of the day.

Budget did get back to him, and has dropped this claim.

  • MikeInCtown

    Carver, I’m not sure if the update sways you any, but apparently Budget claimed that they couldn’t see the dent upon departure OR arrival from their video. Since the company provided no walk around prior, how could they possibly establish that the renter was the one who had the car in their posession at the time of damage?

  • MarkieA

    Per your example above, how does either the valet prove he didn’t damage the car – by showing proof that the car was damaged beforehand (a virtual impossibility) – or how does the car owner prove that the valet damaged the car – by proving the car wasn’t damaged beforehand? Seems that regardless of the burden of proof, no one can satisfy it.

  • MarkieA

    You can indeed offer to pay with a $50-dollar bill, and when they refuse, you can indeed walk out. Assuming that they don’t have a sign posted, you offered payment in  legal tender. The key being that you’re paying for a service/product that you’ve already used/ate/pumped into your gas tank. When the service/product supplier can refuse is BEFORE the actual exchange of said service/product. They are then perfectly within their rights to refuse “weird” payment methods.

  • http://www.facebook.com/karensfreeman Karen Gill Freeman

    I rent cars for work through Avis all the time, and I never check the car for damage.  At my most frequent hant, RIC, the Avis is located in a parking deck, where the lighting for checking for damage both on rental and on return in completely insufficient.  However, in seven years of rentals, I’ve never been dinged for damage, with the exception of the one time I actually caused it. 

  • Fishplate

     A fine for a traffic ticket is a debt, not a product or service.  Thus, it can be paid by the use of legal tender.  The refusal of legal tender to settle a debt removes the obligation.

  • jim6555

    I doubt that attorneys take these cases on a contingency basis. Even a “low rent” attorney will cost Budget more than the amount of the claim. I agree with LeeAnne Clark that if the car rental company can’t show proof that the car was undamaged when you rented it and damaged at the time of return, you’re better off not paying and seeing if they are willing to pursue the matter in court. Chances are very good that the case will never make it to the schedule at your local court house.

  • jim6555

    Having a pending case for a small amount of money against you should not affect your credit score. It doesn’t hit the credit bureau’s files until a judgement is issued by a court and the amount remains unpaid.

  • AAmerican1

    The attorney website says they handle collection matters on “contingency”. The letter is from the attorney firm not Budget.

  • jim6555

    That’s “collection matters on contingency”. It does not say whether they charge their client if they have to go to court. Usually, these suits are filed in the defendant’s home jurisdiction. That could mean that the plaintiff’s attorney might have to fly all the way across the country to participate in the trial or else hire an attorney who is local to the proceeding to handle the case. Either way, the cost of bringing the case to court will never justify the amount that the plaintiff might recover.

  • AAmerican1

    Maybe, maybe not. Filing fees are nominal and if defendant fails to file an answer, which is common, they file for summary judgment. Result, no trial game over. If it does go to trial and plaintiff wins than the plaintiff prays for court costs & attorney fees. Contingency cases can be lucrative for attorneys as they usually get 60% plus.
    The problem here is it appears the attorney is acting as a collection agency and if that is the case they are prohibited under FDCPA to litigate matter. Litigation would have to be handled by another firm.

  • http://pulse.yahoo.com/_UXMZPQ4FW5NIVC526OBXHVUJBA Decent American

    I had a similar problem with Hertz, however the supervisor at the location stopped the nonsense before it got out of hand. I picked up the car in a dark garage at John Wayne airport and upon returning the car, the 18 year old agent took out a flashlight and started marking every single little scratch and nick she found, real and imagined. I was LIVID! I rent from them weekly and had never experienced such treatment. Finally a supervisor saw what was going on and told her to sign in the car with no damage at once. 

  • http://proworkshop.net/go/3G/ Sonya

    I don’t understand why we hear about these cases. My experience is that you are ALWAYS given a piece of paper with an outline of a vehicle for you to mark any preexisting marks. I mark the hell out of every little nick and ding I see. I also take pictures no matter how much of a rush I am using my camera or phone. You are also required to sign to indicate that you checked the vehicle prior to leaving their lots. This could’ve gone either way s in my opinion.