Help! My car rental company is taking me to court

by Christopher Elliott on November 19, 2009

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)

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  • mhoop

    I’m no tire expert, but that sure looks like a tire fault to me…like the tread is separating from the rest of the tire. How can this be the fault of the renter? Also, were it my tire, I’d be asking my mechanic if the tread was thin enough to replace the tire.
    And the Scots are such delightful people, too.
    If I were distressed enough, I’d file suit against Hertz for putting my life in danger by putting defective tires on their car. But that’s expensive to do.
    Maybe a complaint to the European Commission would do more good.
    Or maybe, just pay the 125 and never use Hertz again.

  • Amy

    I think that’s just a stock photo, not the actual tire.

  • Derek

    As someone who works in the credit card industry, I’d like to make a point that will apply to many of your letter writers.

    Merchants (airlines, car rentals, hotels, etc) are prohibited in their merchant account agreement from sending cardholders to collections as a result of a lost dispute. They agree to abide by the dispute resolution between the card holder’s issuing bank, and their own merchant processing bank.

  • Ernie

    I rent from Hertz – and have been doing so for about thirty years – just to avoid the hassles that so many people report with rentals from other car companies. But I’ve had a bit of trouble with the European Hertz rentals… not damage-type situations like this, but just a general stick-it-to-the-Americans attitude. But in the USA, I’ve never had these types of problems – that’s why I pay more for the Hertz rental!

  • Damien

    Why are rental car companies allowed to behave as if it were the wild west? Every time I rent a car I feel like I am gambling on getting hit with all kinds of outrageous fees and claims. There appears to be virtually no consumer protection laws or safeguards regulating the rental car industry, and every brand seems to practice dirty tricks.

  • Natalie

    Your advice is contacting Hertz first? Does this include the assumption that some credit card companies have a 30-day window to contest a charge? If she had contacted Hertz, I wouldn’t expect them to get back to her within 30 days either way.

  • http://www.cockam.com ajaynejr

    What could the renter have done that would cause the damage?

    The tread separating spontaneously being a tire defect, it would be better to not pay the $125. and never do business with Hertz again, as opposed to pay the $125. and never do business with Hertz again.

    If I don’t catch some pre-existing damage before taking the rental car, can I report it later and be relieved of responsibility for it?

    Seems klike that is what the company is doing, not inspecting the car upon return and billing the customer. Companies are supposed to back down if it comes to he said she said with the customer.

  • http://www.cockam.com ajaynejr

    How do I edit my comment to add:?:

    Yes you may correspond with the merchant to find out more about the dispute but you start the dispute with the credit cared company within the 30 days o4 so anyway.

    Incidentaly in this case the rental company has not taken the renter to court yet; nothing was filed with the court and no summons has bee issued yet.

  • Ralph Little

    Hertz is a rip off I will never use them again they are a bunch off liers .

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