No spare tire in my car rental – do I deserve a credit?

Where's my donut? / Photo by H Rocker - Flickr
The late model Hyundai Elantra that Joe Gershman rented from Dollar in Charleston, SC, recently looked fine from the outside.

But while he was driving the rental car one evening, he discovered it had a big problem.

“We got a flat tire,” he says. “And when we opened the trunk to pull out the spare, there was no spare.”

No spare tire? Is that legal?

My reading of the South Carolina Code of Regulations says is is. Rental cars aren’t required to have spare tires. But common sense tells you they probably should.

Gershman says learned of the oversight when he called called AAA for a tow.

He explains,

AAA inflated the tire so that we could drive the vehicle to a gas station to get fixed the next day (they were closed for the night), and then we had to pay a cab to take us to our lodging, which was about 10 miles away.

Had there been a spare, as is normal and customary, we would have continued to have use of the car while the tire was fixed – and I would have had no complaints.

Hmm, well, two problems with that one. The first call you make when a rental car is having mechanical trouble is not AAA, but the rental car company. It’s up to the agency — not AAA — to get the vehicle back on the road.

Also, you wouldn’t drive around on a donut for several days. That could create even more problems. A spare tire is meant to get you to the garage, where you can get a new tire. If you drive it for longer than 70 miles, it could blow out.

Dollar offered him a replacement car. Gershman decided to take the matter up with Dollar when he returned it.

We requested that we be credited for the one day that we were without a car (approximately $37) because they had rented us a car without a spare – and without notifying us of that fact.

A supervisor refused. She first claimed that Hyundai did not make the Elantra with a spare. We pointed out that that was untrue, as the owners manual discusses the spare for several pages, and the trunk includes a space for it — they just chose not to provide their customers with one.

She then said, well, the Elantras that Dollar buys don’t have a spare — they rented us a car with four tires, and if we had a flat that was our problem and we would have to continue paying for the rental even if they didn’t provide us with a spare.

When I asked where it was disclosed in our contract that they were renting us a car with no spare tire, she denied Dollar had any obligation to inform us and said that the contract did not commit that they were providing us with a spare tire.

Appeals to Dollar corporate were met with the same response.

Gershman wants to know if I can mediate his case.

“The dollar amount is not huge, but the principal is important,” he says. “Rental car companies shouldn’t be renting cars without a spare and then charging for the time you are without a car because they inconvenienced you by renting you a car without a spare.”

I agree, having a car without a spare was inconvenient. But there’s no federal or state law I’m aware of that requires a car rental company to include a spare tire.

A more compelling question would be: Does Gershman deserve compensation for his loss of use of the vehicle?

Car rental companies routinely charge a “loss of use” fee when their vehicles are being repaired. Why shouldn’t it go the other way?

Update: Here are a few more details of the time loss from Gershman:

After several calls with Dollar on the night of the 4th and the morning of the 5th, in which we complained about being rented a car with no spare, we were permitted to take another vehicle that had a spare tire around 1 pm on the 5th (the tire on the Elantra had to be replaced, and was still being worked on at that time).

  • http://proworkshop.net/go/kindle3G/ Sonya

    One time I rented a car from Rent-A-Wreck, (I know..) and the interior wall of the tire exploded. Even that car had a spare! We changed it to a spare and got a new tire. They reimbursed me for the tire I paid for. 

  • http://proworkshop.net/go/kindle3G/ Sonya

     Good post though. Definitely going to check for spare tire when I rent a car in the future!

  • MrsFlutterby

    I rented from Hertz in Ireland, had a flat and was responsible for replacing the tire. I didn’t get charged for vehicle damage but felt wronged when Hertz couldn’t provide the roadside assistance they promised because we were “too far away” (rented in Dublin, flat in Galway). At least we had a donut to get us to the tire shop (of which there are many!)

  • https://me.yahoo.com/a/5eKbZXoptotAyXTBCL8iE7XZ#ae6ff J

    “Dollar offered him a replacement car. Gershman decided to take the matter up with Dollar when he returned it.”

    I voted no.

  • Extramail

    I have to admit that I have gotten a chuckle out of some of your responses.

  • tech_ed

    You have to wonder about the decision making capabilities of the OP…
    First he decides to “cheap out” by renting from Dollar…comeon…if you want to rent a car with all the bells and whistles, don’t get a car from Dollar!
    Then calling AAA instead of the car rental company? I have to ask why? Where was the thought process on *THAT* decision?
    I’m a great proponent of “stupidity needs to be punnished” or otherwise it will propagate infinitum!

  • TonyA_says

    I have 2 comments:

    First, if you wait for an UPDATE, you get a better idea or picture about what is going on.

    Second, what exactly was the DAMAGE here? Is he saying that if there was a spare in the car, he would not have wasted a day fixing the flat tire?

    I am not sure I can agree with him. If the car had a donut spare, he still could not use it to drive around and do his business. It’s designed to be used to take you to a shop and get the original tire repaired (only). IMO the only difference is he wouldn’t have had to call AAA but he would need to jack the car up and replace the tire.

    There are more and more smaller cars now that come with no spares. In my family, I am the only one who knows how to change a tire (and jump a battery). We all have AAA because it is SAFER to simply drive the car off the road and wait for a professional to fix it (rather than get run-over by another car). AAA is a necessity today.

  • y_p_w

    Compact spares are designed around certain design limits, but they’re actually safe to ride on as long as there’s adequate tread and one stays under the speed rating (usually 50 MPH).  It’s not ideal for everyday driving and could cause damage in certain vehicles if used too long, but they can be used for more than just getting to a tire shop.

    I recently shredded a tire after it blew at freeway speeds.  I hit the hazard lights immediately and drove slowly to an off ramp where there was a wide shoulder.  I had one person stop to close her hood (I think she accidentally opened it), and she asked me if I needed any help.  The really strange thing was that a Freeway Service Patrol vehicle saw me right as I was finishing installing the compact spare and sort of smiled since he knew I was already done.  For those who don’t know, the Freeway Patrol are contractors paid for by the California Dept of Transportation, the CHP, and local agencies to help people with quick repairs – especially flats.  They don’t accept payment (not even tips) and their main duties are replacing flats and helping cars out of gas.

    http://www.chp.ca.gov/programs/fsp.html

  • Michael__K

    Is he saying that if there was a spare in the car, he would not have wasted a day fixing the flat tire?  I am not sure I can agree with him

    Depends how far away from the nearest Dollar location he was.   If not too far, he could (for example) have driven himself  the ~10 miles to his lodging that evening and driven in for a car exchange in the morning.

    Granted, that might have saved him 4 to 5 hours (not 24 hours). (If he was in the vicinity of an airport location open late, then perhaps he could also have had use of a vehicle for a couple of additional hours the previous evening).

  • travelagentman

    Car rental fleets buying is a total different animal than purchasing a car. In order to keep prices down, many options are deleted that might be normal on a personal purchase. Why they did not call Dollar, should go onto to your…..are you kidding me? file.

  • http://www.eyeonannapolis.net/ John Frenaye

     Is the OP a teacher? The sentence may indeed be correct!

  • http://www.eyeonannapolis.net/ John Frenaye

     Is the OP a teacher? The sentence may indeed be correct!

  • dsliesse

    My feeling is that the OP calling AAA first, instead of Dollar, is offset by Dollar’s attitude.  However, as J seems to be the only other one to point out, he turned down a replacement car.  End of story — he made his bed, and he has to lie in it.

    Slightly off topic but relevant to Dollar’s “cheapness”: how many remember that Dollar took its name from its original rental rate (a dollar a day)?

  • TonyA_says

    Our local tire shops will only allow all 4 tires to be replaced at same time (and kind) if you drive a Subaru, Audi, or Acuras, etc. that have a sophisticated AWD. I have a Subaru Outback AWD with the CVT transmission. Not sure what to do if I get a flat. My Prius is probably just as bad (not to mention the tiny auxiliary battery that usually fails). I never question paying for my AAA membership.

  • TonyA_says

    If the Rental Car office was near and open, a simple call to them MIGHT make them come pick you up with a swap in hand. I think he may have called AAA because it was his best option (distance, time, situation). I would think the question should be – if you get a flat tire and your rental company was not in a position to help you [and you can't fix it because there was no spare tire], what would be a reasonable compensation for your disruption?

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    I’m not assuming its her fault.  The article states that rental car agencies charge for certain items, including flats, if its the fault of the driver.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    yeah, but that should be easy to take care of.  Simply demand the records of when the last oil change was performed on the car.

  • http://pulse.yahoo.com/_OEPJGQPIEB75YYDE5CJY6R3VFE Carver Clark Farrow II

    Two thoughts

    1.  What agents say when trying to upsell  may or may not resemble truth. 
    2.  Just another reason to avoid dollar.

  • 46Shasta19

    Well, if he turned down a replacement I think he was preparing to argue for a refund of some kind. That said though, I think it is fair to assume that your car has a spare and why does there have to be a law for everything? Common sense and just doing the right thing would save a lot of time and money!

  • Michael__K

    If they refuse to come to help you then they won’t charge you :)

    I believe you are referring to mechanical issues, etc. which the reputable companies still assist with for free.

    I’d love to be wrong, but my reading of the article and the example (and what I’ve heard anecdotally) is that flat tire service is no longer free with any rental company.  

    [Not to mention, how would a roadside assistance operator be able to judge whether a flat tire was the "driver's fault"?]

  • Michael__K

    If they refuse to come to help you then they won’t charge you :)

    I believe you are referring to mechanical issues, etc. which the reputable companies still assist with for free.

    I’d love to be wrong, but my reading of the article and the example (and what I’ve heard anecdotally) is that flat tire service is no longer free with any rental company.  

    [Not to mention, how would a roadside assistance operator be able to judge whether a flat tire was the "driver's fault"?]

  • PaulNCarter

    It is quite common for cars these days to not come with a spare tire.  I
    don’t agree with the decision, but it is true nonetheless.  To save on
    weight, more and more carmakers are substituting a can of fix-a-flat and
    an air compressor in place of the traditional spare and jack.
    http://goo.gl/aY7p3

  • Michael__K

    I agree that the question you pose at the end is the relevant one.  Maybe credit for half a day is “reasonable?”  I don’t know.  It’s not a huge amount regardless.  It would be nice if they gave renters a heads-up about the lack of a spare.

    FWIW, in my experience, most rental locations (especially these days) are minimally staffed and extremely loathe to send an employee off-site to arrange a swap. (Actually they need 2 employees to complete a vehicle swap off-site.  Otherwise they’re just picking you up and bringing you back to the rental location).

  • Joe Farrell

    Well, the air compressor is a joke in a car with a hole in the tire – and the tire industry strongly recommends that you do NOT use those tire sealants since it can cause a hazardous situation when the tire is taken off the rim. 

    You ALWAYS call the rental company break down service first.  Give them the chance to do the right thing – you need to pin them down on their steps but they probably just have a contract with a company like AAA and it might actually be leasing their network. 

    However, the issue is still going to be a bureaucratic response that will take literally hours.  Even with a tire problem like here they’ll dispatch a truck – to ‘make sure it does not just need air.’  That then results in step 2-  leading to Step 24 which is probably getting you a new vehicle. 

    Remember that you are probably going to get billed for the service call these days – especially for a flat tire that ‘every car rental company treats as something you did.’

  • y_p_w

    AAA works through contractors.  There are other auto clubs out there that aren’t as well known as AAA, and I’m pretty sure that they sometimes contract with the same contractors. 

  • y_p_w

    I looked it up, and apparently Dollar likely charges extra for roadside assistance, although their language makes it sound like it could be at no additional charge depending on location.

    http://www.dollar.com/TravelCenter/TravelTools/RoadSafe.aspx

    “The cost, coverage, provider, availability and terms of RoadSafe may vary from location to location. Please inquire at the counter for additional information. By signing at the beginning of the rental that you accept the RoadSafe option, you will be charged an additional daily charge, as specified on the rental agreement, for each full and/or partial day you rent the car.”

    I believe most other car rental companies include roadside assistance with the cost of rental.

    https://hertzhelp.custhelp.com/app/answers/detail/a_id/1105/kw/roadside/related/1
    http://redirect.avis.com/services/roadside_safety/index.html

    Enterprise apparently charges for it at a flat rate of $3.99/day.  however, they have an information page that says nothing about the charge.  I think if someone doesn’t pay for it and uses the roadside assistance, then they make arrangements and bill the customer.

    https://enterprise.custhelp.com/app/answers/detail/a_id/3093/kw/roadside
    https://enterprise.custhelp.com/app/answers/detail/a_id/3072/kw/roadside

  • http://www.facebook.com/people/Jack-Bender/1267413290 Jack Bender

    We bought an Elantra in October and were not told by the salesman that there was no spare tire. Before 500 miles was on the car it had a blow out and my wife called me to come change the tire. I said sure and drove to where she was and opened the trunk and discovered there was no spare tire. What I did find was a tire inflation kit which is absolutely useless when you have a blowout.  Called a phone number for a towing service supplied by Elantra dealer.  The vehicle was towed approximately 30 miles and when I arrived I discovered that they had no tires to replace the one that had blown and which was useless.  They had to order a tire from KC, Missouri for me and that took a few days.  In the meantime they were nice enough to provide me a vehicle to drive until such time as it took to get the new tire.  We didn’t have to pay to replace the tire but we did have to pay for the “spare” tire we purchased..
     

  • Brian_in_Wien

    Ah well – in this case it was my fault – I drove over the curb to make a U-turn (as I saw the Irish doing).  So I figured it was my just desserts.

  • http://twitter.com/rentawreck Rent-A-Wreck

    Just spoke with our fleet purchasing manager and confirmed that many of the new Elantras are not coming with spares, as was noted here.
    We even fleeted a number of Saab 95′s, luxury cars, and found they came with a plug in compressor pump, and not a spare. Spare’s are apparently now not always included, and not having one also allows the manufacturer to pad their MPG number a bit.

    I voted not to mediate because the car rental company is renting what the manufacturer produced.  If Dollar had ordered these cars specifically without spares, like Enterprise did with Malibu’s without side airbags a few years ago, then I’d agree this isn’t consumer friendly. 
    Under the circumstances I sympathize with the customer but think the
    beef is with Hyundai.

  • y_p_w

    When the tire blew on my WRX, the service writer came out and measured the remaining tread depth left in all my tires with a gauge.  He looked up the original tread depth and noted that it would be acceptable to replace the blown tire with a new one.

    The other reason why he was checking the tread depth was to check out the blown tire.  The place I got my tires from has a pro-rated replacement warranty included in the cost of installation.  He determined that I had at least 75% remaining useful tread left (original to 3/32″) and gave me 75% credit towards a new tire.  It would have been about $145 just to replace a single tire and I got the replacement for about $50 installed.  They had to get it shipped from another store, so I was driving around on a compact spare for a day and a half until I could come in.  In addition to that, they rotate for free (not unusual) and rebalanced the other tires (which is unusual).

    There is a certain tolerance for tire differences.  I’m not even sure how anyone can get that close consistently.  I’ve ordered tires, and there have been issues where one tire was from another warehouse.  It could be from a different production run or even a different factory – even if it’s the same model and size.  There are variations in size even within the same production run.  I’m not sure how one is supposed to be so precise.  In the end I don’t know if it’s really worth shaving a tire given these differences.

  • TonyA_says

    I thought the tire shop was just trying to sell us more tires!

  • TonyA_says

    I thought the tire shop was just trying to sell us more tires!

  • heat

    I saw that too. Principal and principle are two different things. The principal is the head of a school, a principle is an accepted or professed rule of action or conduct (yes, I had to look that one up). Remember this phrase: “The principal is your pal” to keep them straight.

  • y_p_w

    I’ve had tire shops tell me that my best option was to replace all four tires. This was a place that I trusted. They owner was there, and said that if my other tires didn’t have an unusual wear on the inside tread, he would have recommended getting a tire shaved. Tire shaving is usually reserved for special racing tires, although he says he’s had it done to replace an unrepairable tire on other Subarus and match the tread depth to the other tires.

  • Kevin

    Rental cars dont have spares, if you get a flat you call the road side assistance and they have a tow truck bring you a new car. They dont need the liability of someone getting hurt changing a tire. leave it to the profesionals.

  • Kevin

    Anything thay goes wrong with a rental car is taken care of through road side assistance. EVERYTHING.

  • Suzanne

    How long would it take the people repairing the tire to do the repair? I’ve had tires repaired before, and it only took 30 minutes or so. Why did he need to get a rental car? Why not just wait for it?
    On a different subject, but still regarding a rental car problem: When travelling in Ireland two years ago, the Hertz people told us when we got the car that they were not responsible for fixing/replacing blowouts, so if we had one, we had to replace/repair it. Guess because of the roads there, they do get a lot of blowouts. Well, we had not one, but two blowouts, and it was the same wheel tire each time. Evidentally, according to the guy who replaced it the second time, the first place we replaced it had used a USED tire and didn’t inform us of that! Rather unethical, since we asked in the first place if he happened to have a used tire rather than a new one, and he stated that they didn’t have one in the correct size. But at least there WAS a spare temporary-use tire in the vehicle to get us from the countryside to a garage for the repairs. Those Irish men in the countryside are very friendly and assisted us (actually, they did all the work) with taking the flat off and putting the spare on very congenially.
    I think it’s rather raunchy that Hertz would not be responsible for the replacements though. It’s not like we did anything to make them “pop” in each case. But I guess they must have a lot of those claims and decided not to honor them. And they DID explicitly tell us prior to leaving the lot with the car that they were not responsible for blowouts/flat tires, so don’t call them if we get one. The two replacement tires cost us nearly $300 (they were small tires).

  • msdone

    An auditor just had a similar experience. He got a flat in an Alamo rental car. Called the company, they said it wasn’t covered under his rental contract because he had not purchased roadside assistance, even though he had purchased insurance. A nice guy at the company he was auditing searched around and found a used tire for him. No spare, no jack, no tire iron. Had to tow the car to a tire place. Alamo said they didn’t have a spare because of liability issues. In other words, some shmuck must have messed up when he was trying to change a tire, hurt himself and sued the company. Now none of us get a spare tire.