Help! My car rental company is taking me to court

tireQuestion: We recently rented a car through Hertz in Scotland. When we returned the vehicle, we asked a representative if he wanted to inspect it. He declined.

To our surprise, we later found a $250 charge on our American Express for a damaged tire. But that didn’t make sense. If it had been damaged we wouldn’t have been able to drive the car back to the airport.

We disputed the charges, and American Express sided with us, noting that Hertz had not sent enough information as requested to validate their claim.

We thought all was said and done. But now we have received two letters from Hertz claiming that they are starting legal proceedings against us.

I called Hertz and they claimed they did not receive anything from American Express regarding the dispute. Our credit is perfect and I am very, very worried about this. Do we just need to pay and move on down the road? — Tracey Brown Osborne, Dallas

Answer: The lawsuit threat is probably a bluff. I’ve talked to enough car rental claims specialists to know that in all likelihood, the letter from Hertz was a form response to losing its dispute with American Express.

If push had come to shove, I don’t think Hertz would have sued you. Still, it’s worth taking the car rental company’s claim seriously. Not just because it might have turned the claim over to a collections agency, possibly hurting your credit scores, but also because I’m sure that if you had damaged the tire, you would have wanted to pay for it.

When you return a rental car, you don’t ask if someone wants to inspect it. You wait until an employee walks around, checks the odometer, and hands you a bill. If there’s a question — and this is particularly true if there’s pre-existing damage like a ding or dent — you go back to the original contract and ask the representative to sign off on it, making sure there’s a notation that you aren’t responsible for the damage.

Disputing a credit card bill shouldn’t be your first response to a surprise bill. Instead, contact the car rental company and ask for the documentation that shows you damaged the tire. A time-stamped photo of the shredded wheel and a repair receipt would have been sufficient.

Based on your account, Hertz didn’t provide you with any substantive evidence, nor did the company respond to American Express when it asked for the proof. When a travel company loses a dispute, it kicks out a “we’re gonna sue you” letter automatically (I’ve seen it time and again). So don’t feel like you’re being singled out.

As far as I can tell, you skipped a few steps along the way to resolving this issue. So did Hertz.

I contacted Hertz on your behalf. A representative insisted that your damage claim was handled “in line with our standard procedures.” It furnished you with additional documents but agreed to cut the amount of your claim in half, to $125.

(Photo: hannah8ball/Flickr Creative Commons)

  • Simon

    I am a Hertz Gold member and I remember when returning a car to SNA (Orange County Airport) – the agent literally took out a flash light and started noting every ding and scratch. I stoppped her in her tracks and went to get the manager who appologized for the incident and allowed me to leave. In all my years of renting cars, this is the first and only time I was the victim of an overzealous agent.

  • Passing through

    125 is alot when she shouldnt have to pay it in the first place. Sounds to me like they’re just trying to get cash.

  • Adam Salamon

    I’ve rented a lot of cars and I’ve definitely seen my share of bad agents. It really doesn’t seem like they can claim you damaged the car if they didn’t bring it to your attention prior to you handing them the keys and walking away. How do you know that it wasn’t one of the lot attendants that damaged the tire? In my experience, Avis has been the best at inspecting the cars when returning and not making a federal case about things.

  • Jerry Mandel

    Absolutely do not pay any money. The travellers should write to Hertz and their law firm to state that, if Hertz does sue, they will file a counter suit for frivolous and criminal actions……..and, guess who the judge will favor. Also, state that they will file fraud complaints with every US and UK agency which would have any control over such matters. Also, they are committing insurance fraud by claiming against their insurance firm and trying to collect from you, too.

  • Justin

    I say Let Hurts Sue. They will A) Lose most likely B) If they ruin her credit without proof, she has legal recourse and can recover far more then than the 250. I would call their bluff and give them NOTHING.

  • Lisa S

    Unless Chris left out a big portion of the story, I don’t see why Ms. Brown should pay Hertz $125. I agree with the people above: Hertz should have noticed any damage to a tire before the renter was allowed to leave. I hate that these companies CONSTANTLY try to rip off customers.

  • RegularJoe

    Ignore them and they’ll go away.

  • Don

    Christopher,
    I travel frequently & perhaps your experience with rental car agents differs from mine. I inspect cars carefully befor leaving the lot and use my phone camera to take pictures of damage and request gate attendant to note all damage on the ental form. Some refuse – I start to back up – telling the attendant I am going to return to the central rental office on the lot – and the gate agent ALWAYS stops me and notes all damage on the form. When returning I walk around the car with my phone camera and ask the attendant to note “NO Damage” – they always refuse or simply drop my receipt on the ground and walk away. Because I have a flight to catch I do not take the time to follow them or see a supervisor (good luck in that department) but I DO get my request that they note NO Damage on the phone video and they response, if any. Once I started doing them I have not had a damage claim. When I get home I copy the phone video as some car companies wait months before sending their bogus damage claims.

  • Eric Smith

    $250.00 to replace one tire? What did she rent? A Lamborghini? That’s WAY to much, even if the tire had been completely destroyed. Sounds like Hertz was trying to make a little extra on the rental.

  • Carver

    @Jerry

    ???????

    @others

    The problem with ignoring the letter is that Hertz does have another remedy. They can put you on the Hertz no-rent list.

    Would I pay? No. But I’d continue writing letters to Hertz.

  • David Z

    and, guess who the judge will favor

    Without fully knowing any and all even possibly applicable facts to the case, can anyone guarantee who the judge will indeed favor? Judges have decided both ways, after all.

    Sure, one can find so-called cases where replying back with so-called legal threats of their own caused the other party to back down. But when you’re dealing with a company with so-called deep pockets, is one interested in being maybe the first?

    You’ll probably need a crystal ball to foresee the future. This is one future that isn’t wanted.

  • GSA

    “It furnished you with additional documents but agreed to cut the amount of your claim in half, to $125.”

    Does this mean we don’t have the whole story? What are these other docs?

  • Naomi

    Having been in a similar circumstance, I ALWAYS ask them if they would like to inspect the car when I return it.

  • Mike

    Sorry, but unless someone inspected the car immediately upon return how can they prove that it wasn’t their guy who caused the damage? Additionally, maybe the tire was damaged like that when the renter got the car. While the damage is sever and could cause a pretty bad blowout, tires are strong and could have went a few miles before giving out, si unless the renter drove 3k miles while having the car, it is possible that someone else had damaged the tire.

    In fact, given the picture, and lack of any tread showing in the photo, it appears as though the rental company has something wrong with their car that needed to be fixed. You can screw a sidewall up by rubbing it on the curb while turning, but it takes a mechanical problem to scrub all the tread off the tire.

  • LeeAnne

    I am in full agreement with those who say that Ms Osborne shouldn’t pay a penny.

    This is a rental company scam, and a well-known one. It’s been written about on this site before. And frankly I’m dismayed that Christopher ended his article with the implication that he did Ms Osborne any favors at all by getting them to cut an illegal charge in half. Paying a PENNY to these scam artists is being a victim of a crime.

    After hearing so many horror stories, I now do pretty much exactly what Don above describes – before I leave the lot, I take time-stamped photos of every single mark on the car, no matter how slight. When I check the car in, I insist that the agent write “no damage” on the receipt. I haven’t had one decline to do that yet – but apparently (from what Don says) that seems to be their latest tool in their scam arsenal – so I guess I will now start videotaping them saying “no damage” too.

    Does anybody see how wrong it is that we have to do this to protect ourselves from these scammers?

    I did have a rental office attempt to scam me into paying for a scratch on a car that I was returning. I’ll never forget the look on the manager’s face when I showed him the photo on my camera, time-stamped for before I left the lot, showing the exact same scratch on the car.

    If Ms Osborne pays that $125, she is giving into a criminal scam…AND she is reinforcing the behavior. Every time this scam works, these car rental companies are encouraged to do it again – and more hapless travelers will be illegally scammed out of their money. STOP the car-rental damage scam!

  • Christopher Elliott

    @LeeAnne, beg to differ. Hertz showed the customer the documentation she had asked for, which showed the damage to the tire. It agreed to cut the bill in half. The customer thought that was an equitable solution, and wrote me to tell me that.

    If this were an out-and-out scam, then believe me, I would have said it.

  • LeeAnne

    @Christopher – thanks for the clarification. But please go back and read your article. You did NOT mention in the article that Hertz ultimately did provide documentation of the damage. All you said was that Hertz insisted they handled the claim“in line with our standard procedures,” and “It furnished you with additional documents.” Nowhere did you clarify (until this comment) that they actually furnished documents that showed the damage to the tire.

    That puts an entirely different spin on it.

    If you go back and read your article, you will see that it makes it very clear that Ms Osborne does not believe she damaged the tire. You said nothing in your article to refute that. So, if one was to ONLY read your article, one is led to believe that Ms Osborne is being asked to pay $125 for damage that SHE DID NOT INFLICT on that vehicle.

    If that were the case, then it would be a scam.

    Again, I appreciate your follow-up. But please try to understand why so many of us, myself included, believed this was a scam. It’s because of how you wrote your article.

    I would encourage you to provide a brief update at the end of your article to make it clear that Hertz furnished documentation indicating that Ms Osborne actually damaged the tire. Without that information, your article is doing a disservice to Hertz.

  • LeeAnne

    @Christopher – (wish I could edit my comments, so I wouldn’t have to double-post!) ;-) I just want to make a couple things clear: I am a big fan. If I ever find myself in a travel-related bind with an intractable company trying to rip me off, you can bet you will be the first person I will turn to, after I’ve exhausted my options in working with the company.

    That being said, you, like the rest of us, occasionally make mistakes. So if I call attention to something that I believe is in error, please don’t take it personally.

    On this story, the bottom line is simply this: DID she damage the tire, or didn’t she? It’s a black and white issue. If she did, she should pay for the damage. If she didn’t, she shouldn’t. Simple as that.

    If Hertz provided evidence that she did, then she should pay. If she has any question in her mind that she might have caused it, and Hertz provided documentation that she did, then she should pay.

    But your article seems to indicate that she is dead certain she didn’t. And your article does not mention that Hertz provided any evidence whatsoever that she did. Your statement at the end that they furnished “additional documents” gives us no indication what those documents are, and it definitely does not give the impression that these documents are any kind of evidence that she did the damage.

    Rental car damage scams are legendary. Just read the comments thread in any of the several articles you’ve written on this topic. Or do an internet search. They happen frequently, and need to be stopped. If this was not one of those scams, then it’s really just a standard customer-damaged-car-and-doesn’t-want-to-pay-for-it story. If that’s the case, then you definitely helped her by bringing the cost of the damage down to a more reasonable level (I would agree that $250 for a tire is a rip-off!).

  • Christopher Elliott

    @LeeAnne, thanks for the kind words. The OP didn’t say that she didn’t damage the tire. She said Hertz never offered adequate documentation. When that was provided, Hertz offered to reduce the amount of the claim. She then offered to pay, and contacted me to let me know what had happened. I hope this answers your question.

  • LeeAnne

    @Christopher – not to belabor this, but the OP did actually indicate she did not believe she damaged the tire. Her words exactly:

    “To our surprise, we later found a $250 charge on our American Express for a damaged tire. But that didn’t make sense. If it had been damaged we wouldn’t have been able to drive the car back to the airport.”

    And then she disputed the charge.

    I don’t see any way to interpret this other than she didn’t believe she’d damaged the tire. But after reading your clarifications, it appears she did, in fact, damage the tire…and Hertz was able to provide adequate documentation to prove this.

    So, that being the case, good job in getting Hertz to bring the charge for the damage back down to a reasonable level.

  • Mike

    Christopher, is that an actual photo of what the agency sent to her or just a stock photo of a damaged tire? I only ask because I seriously doubt that she was able to do that to a tire unless she was doing doughnuts and burnouts in a parking lot the whole time she had the car. If that is the real photo, there is something wrong with the car, not just the tire and the problem with the car is what caused the damage.

  • LeeAnne

    @Mike, I’m sure Christopher will answer your question, but in the meantime I wanted to say that I’m quite sure that is NOT an actual photograph of the tire in question. If you look at the history of his articles, the accompanying photos are almost invariably just stock images related to the topic, not photos of the actual people or objects involved. (Excluding, of course, today’s article about the shuttle launch, which by its very nature required an actual photo of the event.)

  • Christopher Elliott

    @Mike, that’s a photo from Flickr, as indicated at the bottom of the post.

    @LeeAnne, appreciate your careful reading of this story and thoughtful comments.

    To our surprise, we later found a $250 charge on our American Express for a damaged tire. But that didn’t make sense. If it had been damaged we wouldn’t have been able to drive the car back to the airport.

    She isn’t saying that the tire wasn’t damage. She’s saying that if there was damage, it wasn’t severe.

    You really have to read this letter carefully. She invited the Hertz representative to inspect the car. Why would anyone ask the car rental company to inspect the car, under those circumstances?

    Then she quickly agreed to split the difference with Hertz. Again, I believe this was a paperwork problem. I think the OP probably ran over something. At any rate, the resolution was presented to me, and she agreed to pay the reduced fee. So Hertz showed her something that satisfied her documentation needs.

  • LeeAnne

    @Christopher, thanks for the details. I definitely did not read her letter that way to begin with – it came across to me (and, obviously, others in here) that she believed she didn’t damage the tire at all. But your explanation makes sense. And I’m VERY glad to hear that she is not just another victim of an unscrupulous rental car agency perpetrating this classic scam! As an almost-victim myself, I’m a wee bit senstive to stories about it.

  • Nobody

    Hertz+Ford+Firestone=tread separation
    If the renter had further information on the rental, resulting in the above equation, the issue wouldn’t be renter caused tire damage. It would be headlines, they tried to kill me in Scotland.
    http://en.wikipedia.org/wiki/Firestone_and_Ford_tire_controversy

    Too bad the flicker image didn’t show the part number of the tire. It looks like Chinese adhesive not holding the tread to the tire.

    Here lies open trade
    Between America and China
    Killed by the 35% Tire Tariff
    And cost is higher from Korea

    RIP
    Nobody was Faster

  • Kimberly

    Interesting story…(Mr Elliot…I TOTALLY love your column. It’s taught me a LOT)…

    I always have the rental car company inspect my car…if there’s something wrong they really need to state so then. If she didn’t damage the tire then I’m a rather surprised that she’d settle. The only thing I can figure is that perhaps when they showed her the documentation that she remembered where and when it could have taken place or what happened. (Perhaps they ran over a curb or maybe hit a road hazard something and didn’t think about it at the time because the car seemed to still be fine). Thus the reduced fee would have been “generous”.

    Tires are often made fairly well these days…it IS entirely possible to drive for a while on a damaged (not flat or blown) tire and not realize it.

  • jon

    Christopher Elliot: do car rental companies get our social security numbers when we rent from them? I think i’m involved in something similar to this lady. I rented a car (Thrifty) and ran over a nail. When i returned the car they said the rim was also bent (it was a Ford Fusion with low-profile tires, which is seriously insane if you ask me to put a low-profile sports tire on a rental car). I DID NOT bend the rim of the car. I never hit a bump or anything that was unusual. If it did bend it was due to it being faulty. I think it was already bent and when they went to change the tire they first found it. But they’re telling me I owe $465 and there’s no way i’m paying that. So my question is: if they don’t have my SS#, what can they do other than send me to collections who will just harass me and eventually go away?

  • Backpackersantiago

    Who would want to rent from them anyways after going through that experience!