QuestionHello, I was hoping to direct this question to webfoot, however he is on vacation so I am hoping another expert can help please me out!
I recently rented out a car for one week in Canada, and opted-out on all the Rental's insurance waivers (CDW/LDW, etc). My insurance covers all of this and I double checked my policy just to make sure before renting.
Before leaving with the car, we did a 360 inspection while I snapped some pictures with my camera phone to be on the safe side. However, I noticed the rental car was already in very bad shape (lots of dents, both major and minor scratches, bumps, bruises, rims almost falling off, etc.). I tried to record as many dents as I possibly could at the time and snapped around 8 quality pictures...
Upon returning the vehicle, the Rental Company claims that there are two smaller scratches on opposite sides of the vehicle that were not recorded there previously. Typical! (The company is called Rent-A-Wreck, go figure)
I did not have the pictures with me on the scene, and attempting to deal with the customer rep was a nightmare, he barely spoke english (another strategy? seriously..) I told him I was coming back to speak with the Owner tomorrow and I would personally show them all the pictures and make sure nothing was charged to my insurance company.
I truly believe this Rental Company is behaving unethically (Each location is operated independetly) and they are attempting to place these previous damages on me since I used my own personal insurance and opted out of theirs. There were so many scratches on this car, there was no possible way to ensure all of them were completely recorded (should I have just circled the whole darn car in the Damage diagram next time before driving off?)
I know that I did not get into a single accident, bump or bruise while driving the car, I did not leave the country, I did not let anyone else drive the vehicle aside from myself, I followed all the rules, and now they are trying to get ME to pay for their preoviously- damaged car ...I dont think so.
I read in a previous question directed towards Webfoot that If they are claiming damage that I should ask the rental company to provide me with a copy of every single rental agreement and repair order for that particular vehicle. I should then call my insurance claims rep and demand that they do not pay any claims until they have reviewed every previous rental agreement for that vehicle. The credit card i used does not cover auto insurance & the rental car company has a photocopy of my insurance policy # already.
My question:
1. What if the damage wasnt documented by a prior customer/technician(failed to record it)and they actually do provide this? How likely is this to occur?
2. What else can I do with the photographs to prove to my insurance it was not my fault? Should I be contacting insurance first or before I talk with the Owner. What do I do if they are not accepting the pictures claiming it could have been taken after the fact?
I am willing to do everything in my power to dispute these claims with this company.
Any advice would be greatly appreciated. Thanks!
AnswerYou never know what may have happened to a car prior to your rental, so it is anyone's guess whether there is documentation of damage before you rented the car. Furthermore, you have no idea if they might exclude the rental agreement that gets you off the hook for this damage.
Taking the photos was a good idea, but you might have had the rental company acknowledge the photos prior to leaving their lot. If the images are time stamped like some digital cameras do, that may help you.
Call your insurance company immediately and tell them there is a dispute over your responsibility for the damage. Follow their instructions.
