My experience with Sixt - success

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Apr 17, 2020
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Dear Elliott Team,

I would like to thank you for your help and guidance in this forum. I have discovered very helpful information here and in order to help the others, I would like to share my experience with a Car Rental Damage Claim.
Me and my boyfriend rented a car in Eindhoven Airport, The Netherlands for 3 days from Sixt and we left the car at the Amsterdam Airport. Two weeks after the end of our Rental Contract Period, we received a claim for 1200 EUR. We didnt believe that we did the claimed damages, but at the same time we didnt check the car before and after in details and we didnt order that additional full insurance covarage. Although these facts, we we decided to make an objection, because we were sure, that we are not responsible for this. We used the following letter in regard to the presented photos, Damage report and invoice:

Dear Sixt Damage Team,

I am writing to you regarding of the letter that I received for the claimed Damage № *****. Unfortunately, I can not agree with the written in the report and I can not pay these costs, because I am sure, that I am not responsible for these claimed damages.

I was a client of your company from ****** under Rental Contract No.: *******. During the period of the rental contract I was very careful driver and I believe that I never touched or had an accident with another car or an object. Furthermore, most of the time the car was parked in a private closed parking, where it was completely safe. Me and my girlfriend returned the car on the day specified (****.2020) at Amsterdam Airport to one of your employees. He inspected the car and said that everything was okay. We also looked carefully the condition of the car and we didn’t notice anything wrong, so we left the Sixt station with the assurance that there is no damage on the car, that we are responsible for. Reading my arguments, set out below, I believe that you can understand why I don’t feel responsible for the claimed damages.

1. First I didn’t participate in any accidents or crash, I am very sure about that. During the time I possessed the car, nothing has happened. I am sure in what I saw after we handed over the car at the end of our rental period and there was nothing wrong.

2. The report, that is claiming the described damages, named “Assessment report”, written by ***** is published on **** and the examination place is Aeroport Bâle Mulhouse, F - 68300 St. Louis, France. This is 9 days after the end of our rental period and it is in a completely different country, which means the car was used by someone else during that 9 days. As you know, in case of engaging someone’s responsibility for certain damages there shall be a wrongful act, damages and a direct causal link between that unlawful act and the damage. Those three invariant conditions must be satisfied cumulatively for a right to compensation to be recognized. In our case we don’t have a wrongful act – it is only а supposed uncertain event, which has not happened. Nobody can claim a certain date without having any proofs or expertise/examination on the dating of the damages. Even if you accept that there was a wrongful event (for which we don’t know), there is a total lack of a casual link between this unlawful event and the claimed damages, because the inspection of the car was done after so many days and even in a different country, without my presence. So such a conclusion about the link between the claimed damages and an event, supposed by you that happened during our rental period, can not be made.

3. I don’t accept the claim that I am responsible for the damages, because it was inspected in front of me and these claimed defects had to be visible, they are not hidden defects as per the photos. So, they had to be certified at the moment of handing-over of the car, which was not done. In case of hidden defects/damages of one object, they can be claimed on a later stage, but in case of visible damages as in our situation, they have to be brought to our attention on place in a due time.

In order to collect all the data and clear the real situation, could you please assist me by providing me with the following information and documents:

1. A copy of the original agreement and the receipt after we returned the car;

2. Time stamped and dated pictures of the damage;

3. A picture of the mileage indicator showing the mileage on the car when the damage was noted;

4. A copy of the incident reports from the returns of the last three (3) rentals prior to mine;

5. If the car was repaired, a copy of the receipt showing the car was repaired and the cost that was paid for the repair.

I hope that after reading my arguments, you will accept my objections and that a claim, based only on assumptions can not be accepted as legal, proven and right. I believe that by viewing all the facts, information and data on our case, you will be convinced in mine rightness and you will drop your claim, due to the lack of evidence for my liability.

I look forward to your reply with the provided information and a resolution to this objection of the claim. I will expect your answer up to ****** 2020 and if I don’t receive anything, I shall assume you are abandoning your claim.

Thank you very much for your time and understanding!

Best regards,


2. They answered that they reviewed our case and still believe that we are responsible for the damage, so we were again kindly asked to pay the invoiced amount. With this letter they provided us with the Copy of the Rental Contract and the Return Checksheet from the Amsterdam Airport.
We noticed in the contract that we were charged for the additional insurance package, although we refused while we were renting the car with the representative of the company. But this worked good for us, because we were insured. This is our second email:

Dear Sixt France Claim Department,

Thank you for your answer and we appreciate taking your time to double check the case for us!

After I also carefully read your email, our contract and the report attached, still I don’t consider myself or the other authorized driver responsible for the mentioned damages. We took a great care of the car and we were parked in closed parking area most of the time.

In addition to my objection letter, sent before and attached to this email, I would like to add that:

We inspected the car with your representative and we didn’t notice anything damaged on the car, as it is stated. Your representative confirmed that everything is OK and we can go. No report was provided by him to us for signature, as it is stated as a rule in Art. 8 under your General Terms and Conditions –“ ….When the vehicle is returned, the vehicle will be jointly inspected by You and Us and a return report will be signed by You or any Authorised Driver….. It is agreed between the parties that the image of the signatures and that of the return condition report will have the legal value of an original document”. In this case this procedure for handing over was not properly done, so it is not justified to claim the damages on me and my account. Without such protocol, we can not agree that we are responsible for the claimed damages. Moreover, you provided the statement that the car was inspected on *****– 9 days after our handing over of the car and termination of our rental contract. The photos are not stamped and signed, it is not clear when they were taken – within what period of time after the vehicle’s return.

It is stated that the car had some existing damages, which as I can see are with very similar level to the new damages that is claimed to be done by me. So I could assume that they might have happened, not only after our rental period, but even before that. We didn’t notice them at all, because without careful look they are invisible for a person who is not an expert.

I haven’t received yet some of the requested documents, as: a copy of the incident reports from the returns of the last three (3) rentals prior to mine and the 3 return protocols after mine.

In the event that you still believe, that the occurred damages are in my fault, please consider, that as per our contract my liability is excluded for the claimed damages, because I have ordered and paid for a Loss Damage Waiver insurance and Tire & Windsh. Protection. According to your General Terms and conditions paying for this insurance limit our liability and that of the Authorised Driver for material damage caused to the vehicle and its accessories, equipment, tires and glass and there is not reason that these Liability Limitations will not apply.

In consideration of the above, please reconsider your claim against me and drop it, because in the case I am totally sure, that I am not responsible for the claimed damages and at the same time a claim, based only on assumptions can not be accepted as legal, proven and right. Moreover, if you decide that I am responsible for that, have in mind that I have already paid the insurance, which covers the claimed damages and my liability shall be excluded, so I don’t need to pay for something twice.

I hope that after reading my arguments, you will accept my objections and that I believe that by viewing all the facts, information and data on our case, you will be convinced in mine rightness and you will drop your claim.

I look forward to your reply with the provided information and a resolution to this objection of the claim.

Take care of yourself and stay safe in these hard times!

Best regards,


So after 2 weeks, we received an email that they waive the claim!!!
I would like to say thank you once again for the advices and the courage that you are giving to the customers which rights were violated.
Stay safe and blessed!
Regards,
Polina
 
Sep 9, 2018
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And it's exactly THAT attitude which contributed to your success! I'm so happy this forum and the contacts helped you help yourself! And you did a FANTASTIC job of it! ♥♥♥