Who’s responsible for this bump in my bumper?

Chris Benzinger has a problem with National Car Rental. The company sent him a surprise repair bill, but it isn’t really telling him what he did to deserve it.

A few months ago, he rented a Dodge Charger in Sarasota, Fla. And then he received an invoice from National in the mail. There was damage to his rental, and he was responsible, it said.

“They wanted me to pay $501.10,” he says. “My insurance deductible is $500.”

Benzinger asked for documentation, including repair bills and pictures of the damaged car. He hadn’t conducted a visual inspection of the vehicle before and after he rented it, so he wanted to see what he’d allegedly done before paying for it.

He exchanged emails with National for six weeks, with no luck. Finally, he reached a manager by phone.

The manager says that their process has multiple check-points and they couldn’t have missed the damage. However, no one walked around the car with us or even mentioned it when we checked out.

Also, they have no pictures of the car because he says that “just isn’t feasible.”

We are at a stalemate that I feel like I’m going to lose and I don’t know what to do next.

I was highly suspicious of the bill. First, why would National refuse to send him a photo of the damage? And second, why would it charge the amount of his insurance deductible, almost down to the penny? What are the odds of the repair bill coming to almost exactly $500?

I contacted National. It sent me a photo of the damage (above) and the following response:

Our Damage Recovery Unit has circled back with the local manager and confirmed that this customer will continue to be held responsible for the vehicle damage.

Please note this was only the second time that the vehicle had been rented (it had less than 100 miles on it) and the damage is quite significant.

True, that’s some dent. And if Benzinger didn’t inspect the car before or after he rented it, then it’s really his word against National’s. If National can produce a photo of the damage, it’s very difficult to dispute a claim like this.

Benzinger is disappointed with the outcome of his appeal.

I feel like I should be treated better as a customer. They really didn’t protect me by not spending sixty seconds reminding me to look over the car when we took possession. After that, the process really gives you the run around once you’ve got damage.

Car rental employees don’t always suggest a rental inspection. It’s almost as if they’re encouraging a customer to take the car sight unseen. If you don’t check the car, you could get a surprise bill that difficult — or impossible — to dispute.

As for the $501 bill, I’m still skeptical. I’ve seen too many bills come in at $498, $499 and $501 in previous damage cases.

Being that close to the average deductible means the car rental company gets the maximum payout without involving an insurance company. That seems a little scammy to me.

  • Rebecca O`Shaughnessy

    Whenever I have rented a car, I have signed a receipt showing a diagram of a car with places to mark damage before and after rental. I am curious if, when he turned the car in, there is a receipt showing the damage? And also curious why the OP didn’t keep the receipt?

  • Rebecca O`Shaughnessy

    I do something very similar whenever I rent a car, along with photos. And while I have gotten an attitude from several rental employees, I have never received a damage claim.

  • Anonymous

    I agree the OP should have done better documentation, but that’s beside the point.  It may be stupid to leave your house unlocked, but that’s still no excuse for the thief to come in and take your stuff.

    If the rental company didn’t do an inspection at the time of return, then they should not be allowed to “find” something later.  It should be up to them to prove absolutely that the damage occurred during the time the renter was in possession of the vehicle.  Out of fairness, this can include any damage not noted at the time of the rental; the renter has some responsibility, too.

  • http://www.bestcarry-onluggage.net Jeremiah Johnson

    I know it’s a bit of an inconvenience but I have a personal policy of making the rental agent do a walk around visual inspection of any vehicle I rent. I have a friend that had a similar incident happened to Chris Benzinger and he was also held responsible for damage he insists he did not do. I make the rental agent notate on the rental agreement any scratches or dents found on the vehicle prior to me ever getting into the vehicle. What are the chances that a rental agent or an employee of the rental agency could damage a car and then pass it off onto a previous renter to keep themselves out of trouble.

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

    That depends on how you read the article.  I read it that its only been rented twice, the OP being the second renter.

    Also as far as corporate offices go, if its a franchise, then the owner is a sufficient corporate office.

    Finally, if its a small claims matter, then no attorney is necessary, or even permitted.

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

    its not a signature, but rather the swipe that VISA/MC care about.

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

    That might be, but my point is that closing the card has no effect on the transactions.

  • Anonymous

    While obviously you’re correct that in California,  no attorneys are permitted, that is not true in every jurisdiction.  In Nevada, for instance, I’ve repped both individuals and companies in Small Claims.  We actually have a calendar set up for attorneys. However, it is equally untrue in Nevada that a corporation is required to be represented by an attorney in Small Claims.  A corporate officer will suffice.  (In courts of greater jurisdiction, however, an attorney is mandatory for corps).  However, I have no idea what the law or practice is in Florida where this occurred. 

    I also read this as Mr. Benziger was the second of two renters.  If I were him and I filed a Small Claims case against the franchisee, I would subpoena all of the documentation filled out and signed at the time of rental.  I’m very surprised no one filled out an inspection report at the time, whether or not an actual inspection was done.

  • Anonymous

    I would ordinarily agree with you but places like Bumper Medic are pretty cheap, though and they specialize in coming in under the deductible so people feel like they don’t have to file a claim if they caused the damage themselves.   I would want to see the repair estimates and then that the repair was actually done.

  • Anonymous

    Not sure what world you’re living in, JT, but it must be a nice one. Too bad it’s not the one the rest of us live in. If your premise is true, then you’d need to wait for every car to be thoroughly washed, road tested, inspected, etc. So if you’re 5th in line returning a car, would you be willing to wait 5 hrs to return it? Didn’t think so…

    You ask: “Why is it that some people think that the burden of proof is still on
    the consumer once the car has been delivered back to the lot?”

    Answer: That’s the way rental cars work. Your only choice as a consumer is to rent one or not.

  • Anonymous

    True. Sounds suspicious. But then again, what we’re reading is the OP’s paraphrase of what the car company sent. I wonder if the “not feasible” part came after a request to see before / after pics taken by the rental car company. Surely, taking a photo of the damage before it goes in for repairs is reasonable. For the company to take before / after pics of every rental is currently not standard. Perhaps it should be. But then again, that would mean more personnel and higher rates for everyone…

    http://www.dreamtravelblog.wordpress.com

  • Anonymous

    Why is it that we all seem to have “common sense” answers to a very straight-forward dilemma?  The bottom-line is simple: do a walk-around BEFORE you leave the car rental; annotate any damage; and have a car rental person SIGN your copy.  The same applies to when you return the car.  It’s no brain surgery here!  All rental companies follow the same “basic” rule: check before and check after!  It doesn’t matter if you are renting a trailer, power tools, tables and chairs, etc.  Once the asset is in your possession, you have accepted responsibility for its care and safe keeping.  What do you say to your neighbor or friend who borrows something from you and returns it damaged?  Personally, I refuse to leave any car rental facility, until I have checked and rechecked the car – before AND after!  Case closed; end of conversation!

  • http://ipvideomarket.info John Honovich

    That $500 claim is nowhere near as bad as mine. Purco/Hertz is demanding more than $900 for ‘damage’ that can hardly be seen. Take a look at their photo of my ‘damage’ - 
    http://twitpic.com/8f1a3h

  • jerry rothstein

    It’s funny how there seems to be no consistency, even within a rental car company. This summer I rented a car from Sixt in Lille, France and the agent went with me around the car taking pictures from every angle as we walked. She pointed out rub marks in one or two places. I returned the car to the French side of the Geneva airport where Sixt has you park in an unattended garage and then bring the keys to their counter in the adjacent terminal. So they have no way of knowing whether you returned the car in the condition you received it in or (barring some real impact damage) it was damaged by another parker in the garage. Fortunately for me, no questions were raised.

  • http://www.facebook.com/people/Cheryl-Emerson/742540539 Cheryl Emerson

    With such a considerable dent, it is really hard to believe that no one saw it at check-in, even if you were not looking you would see it!