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A smashed window on my rental car — and a surprise bill

November 27, 2009

glassWhen you return your rental car, your liability for the vehicle ends, right? Wrong.

Jessica Siegel brought her sedan back to Avis in London recently. A few weeks later, she got a bill for triple the amount she’d expected.

What happened? She’d dropped off the car after hours, and during the night, someone broke a window on the car. The Avis rental agreement says Siegel was responsible for the car until it could be checked in during business hours.

Is that right?

Siegel filled in the details:

When we inquired at the rental office, we were told that the passenger window was broken and our rental agreement states that we are responsible for the vehicle until the office opens in the morning at 7 a.m. When the Avis employees came at 7 a.m., apparently they discovered the broken window.

The situation is irritating because we returned the vehicle in the condition in which we rented it, and a vandal then broke the window sometime during the night.

When I asked if there are security cameras in their parking lot, the customer service people told me “no” but they were working on it. I then asked if other break-ins had occurred in their lot due to an absence of security cameras (and a proximity to King’s Cross train station, not the best of neighborhoods in London) and they replied “it doesn’t happen too often” which to me, means that even once is one time too many!

The ironic part is that when I was at the office discussing the charge, there was a CCTV camera on me the entire time, yet they fail to have CCTV cameras watching their vehicles!

I understand that car rental companies won’t assume responsibility for the vehicle until they can examine the returned car. My disappointment with the situation more lies with the fact that the Avis parking lot was not secured in the first place. My argument is that a vandal would be much less likely to break car windows if there were security cameras present.

Siegel wrote to Avis with her problem, but it didn’t respond. “British customer service,” she told me, “does not exist.”

I agree with her that after-hours check-in should be in a secure area, at a minimum. Better yet, the Avis location should have someone on hand around the clock for car rental returns.

I felt that Avis should have at least responded to Siegel’s inquiries, so I contacted the company on her behalf.

A few weeks later, Siegel wrote to me with an update:

I just checked my credit card activity and Avis has credited the disputed amount back to my card! I did not hear from anyone from Avis officially to give an explanation, but the money has indeed been credited back.

A BIG thank you, I really appreciate you contacting them on my behalf. It was a very frustrating situation and I can now let go of some of my bitter feelings towards that car rental company.

Thank you, Avis.

(Photo: USB/Flickr Creative Commons)

Christopher Elliott is the author of Scammed: How to Save Your Money and Find Better Service in a World of Schemes, Swindles, and Shady Deals. Critics have called it “eye-opening” and “inspiring” — it’ll “grab your attention and won’t let go.” Order your copy now on Amazon, Barnes & Noble or iTunes.

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22 comments

  • Joe Farrell

    So our poster signs an agreement which states she is responsible for the vehicle until it is again in the possession of Avis during normal business hours. There is damage to the vehicle in their lot – which is not yet in their possession – well – it seems like there is at least shared liability for the damage.

    Now, if the company is aware of chronic vandalism in their lot- they need to either secure it or warn renters that it is not secure and there has been damage, etc etc etc. To get a full refund seems unfair to Avis . . .

  • Dang

    Vandalism and Fire are covered wherever the car in almost all standard basic insurance coverage. This car rental company just try some cash stunt from a tourist.
    Jessica should not be billed for that.
    Last year my sister have the same experience in the middle of nowhere in Idaho, Avis just change the car in less than 3 hours and she was not billed for anything.

  • Laura Cattell

    I now only rent from Hertz. I have had experiences with Avis and Thrifty which amounted to extortion. Sadly I didn’t know about Christopher at the time of the first one but he did sort out the second one for me. And just to be on the safe side I copy the damage report before returning a car.

  • Jenzen

    Just a note from one who has “been there, done that.”

    When I recently returned a car to Alamo (UK, Ltd.) I filled the car at a BP station near Gatwick Airport. I took my JVC digital camera and after parking the car in bright sunlight, went around it thoroughly – inside and out – taking close-up shots as well as complete around-the-car/up-and-down movies.

    there was absolutely no damage on the car whatsoever, including “dings”, dents or windshield pocks when I returned it to Alamo. It was checked in by an employee at the location and I was given a clean bill of health so to say.

    Guess what? About 3 weeks later, Alamo had the cojones to write me an email and claim they had “missed a small ‘indentation’ at the rear of the auto, just above the bumper. No proof offered, e.g., a picture of the dent, etc.

    I made a .wmv video file and sent it back to them without comment except to ask that them review it as it had sound (my voice as I went around it, etc.). I waited for several weeks and, up to date (4-1/2 months) have not heard back from them.

    As far as I’m concerned, this case is closed. I would suggest that anyone renting (or “hiring” as they say) a car in GB perform a similar task before returning it to the rental location. This lady’s (and my) problems are not rare, they seem par for the course – particularly for Americans who are renting (sometimes unsuspectingly) cars over there.

  • Lee Feinswog

    That’s why I video my rental car after returning it. Best kind of proof.

  • Rina

    I agree with Joe. When you buy an item at the mall and decide to return it after hours when no one is there to check it in, then you would be responsible, even if the item goes missing before the store can take a look at it. It doesn’t matter whether they have cameras or not, even if they did, how are they suppose to catch the person who stole the items that you leave outside???

    The reason why Jessica left the car was so she wouldn’t be charged another day instead of returning it the next day. That is a chance that she took by returning after hours.

  • http://aol barbie45

    I think Avis handled the complaint well. She worded her defense very well. With lack of security , cameras she had an excellent case.

  • Mike

    I agree with Joe and Rina. We should displace common sense and hold unsuspecting consumers to the coals. Clearly it is not the businesses responsibility to warn consumers about forseeable problems such as higher rates of vandalisim in an unsecured parking lot. The only reason I know this is it wasn’t included in the fine print.

    Because the company has a contract it is within its rights to charge for the damage. However the one thing consumers have is the court of public opinion. In this case I am thankful for consumerist outlets like elliott.org. I for one do not want to live my life worried about everything that can go wrong.

  • Lianne

    @ Joe

    Maybe by strict interpretation of the contract that liability should have fallen to Ms Siegel or or at least been shared, but let’s examine what Avis was basically saying was “you’re responsible for the damage to our vehicle that was left on our property because we can’t guarantee the security of our property.” Do you think that’s a statement any business wants to make? And the staff admitted to knowing that the lot wasn’t secure!

    @ Rina

    The mall analogy is flawed. I can’t return an item to a closed store after hours. What am I going to do? Leave it outside the door and expect them to mail me a refund? I have to do that in person and if I do otherwise I’m just stupid. If the store has a formalized method for return (say a video store with a rental drop slot) then yes, the store should take responsibility for that return from that point forward.

    Every car rental place I have ever been to has a way for you to return a car “after hours.” This Avis obviously has a formalized way to return the car if the business office is closed otherwise a customer couldn’t prove when the car was returned. If the ability to return the car after hours exists then its the company’s responsibility to make sure that method of return is secure.

  • Les

    Avis UK – Marble Arch – provided the only rude (and I mean REALLY rude) person I encountered in several weeks of travel there. I had a certificate allowing me to choose any car on the lot but the clerk only wanted to give me the cheapest econobox available. I can shift gears with my left hand but felt an automatic would be safer and asked for a modest-sized car so equipped.

    She fought me until I asked to call the district office for confirmation – then gave in with almost comic sullenness. Not going back there.

  • Carver

    I’m on the fence on this one.

    One one hand Jessica returned a valuable item to an unsecure location. On the other hand, the only reason why the location is unsecure is because Avis let it be unsecure. After hours drops are not uncommon, at least not here in the US. Therefore, it seems to me that the car rental company needs to either 1)designate a secure location for after hours drop off or 2)inform the customer at the time of the reservation that the location doesn’t allow after hours drop-off.

    In fact, the more I think about it, its really Avis’s fault. Given that Avis designated this particular place for after hours drop off, then Avis should logically bear the risk of loss, once the car reaches the drop off point.

  • Jim

    I disagree with Rina and Joe. If a car rental company allow for afterhours returns they should have a secure location. The example of returning something to the mall afterhours doesn’t really apply as stores don’t allow this. A more appropriate example is using a night depostry at a bank or returning a DVD rental. The return is accepted after hours because the provider has provided a location that can reasonably be expected to be secure. Many in-city car rental locations do not allow after-hours returns because they don’t have a secure location available.

  • Bill

    It is too bad they didn’t respond at first…but they fixed it.

    I had a pressure crack in the windshield of a rental car years ago. I’m told it was probably due to an improper windshield installation. They charged me for it. I never rented again from them. I never rented from their successor company. The local franchise owner was a major GM dealear. I bought a Ford. They got me for about $200. It cost them thousands in lost business.

    What goes around comes around.

  • Eric

    Here’s an idea. Rental companies are starting to use systems which take photos of the car as you leave the lot. Well, how about using that same system to photograph vehicles entering a return lot after hours. Then there’s no doubt whether the vehicle was damaged before, or after the return.

  • Seamus

    “The reason why Jessica left the car was so she wouldn’t be charged another day instead of returning it the next day. That is a chance that she took by returning after hours.” Thus says Rina above.

    It would do justice to Jessica in replying to her problem, Rina, if you would take the time to actually read, re-read and read of her plight again to see where you came up with that idiotic reply. I must have missed the part where she “left the car was so she wouldn’t be charged another day instead of returning it the next day.” Where did you see it?

  • Joel

    +1 for renting from Hertz. When we were in Australia, our rental car’s window was broken by thieves while we were outside my in-laws’ place. When I discovered it and called Hertz, they were more concerned about us and our things than about the car — they very nicely helped us out and told us where to return the car for a new one, charged us the bare minimum deductable for the replacement (since we had insurance) and had us on our way again in no time.

  • Dang

    I agreed with Lianne, when car rental company allow for customer returning car after hours, they arrange secured facilities as keys drop box, etc… and relied on the date and time noted by the customer themselves.
    I have done it many many times without incident in the US and Canada (but not in UK). But I shall follow Jenzen procedure if renting in UK. Thank for the tip.
    I hope I won’t be paranoia with the time by this site.

  • Patrick

    I rent frequently from Avis for work travel. I can’t say it has been done every time but many times when i have asked about returning a car after hours I was told that I could, but that I was responsible for the car until they opened the next morning. I appreciated them telling me this when i asked about it so i could make an informed decision regarding the return.

  • John

    AVIS in the UK is a joke with horrible service and fails to live up to the standards they set for themselves. Having said that, I have returned more than my fair share of vehicles out of hours and it had nothing to do with being cheap but everything to do with early morning flights. I realize when I do this I’m taking a risk.

    In this case, I would flip it the situation on its ear. What proof does Jessica have that she returned the vehicle without the broken window? AVIS can state that when they received the car that the window was broken. Should there be some security in the lot? Sure. But Jessica is responsible for the vehicle until such time as an AVIS employee takes control of the vehicle. She’s lucky to get her money back

  • Nobody

    Vandalism? Please show me a copy of the police report. I would expect falsifying a police report is a crime in most civilized areas of the world. Also, the renter may have a history of spouse-smashed windows. I’d check the renter’s golf clubs for glass splinters.

  • Allison

    Had to return an Avis car to the Nice (France) near-airport location at about 5 a.m (this was about 9 years ago). We encountered a gated and locked facility. There were approximately five other people trying to return cars at the same time (we all had early flights). We were never told by anyone when picking up the car that the facility would not be open at the time we needed to return the car. What to do? Leave the car, unlocked, keys inside, on a public street. Never got a final receipt (ccard was charged for the estimated time at pick up) Had to hitch a ride on the Hertz bus to the terminal. Never heard a peep from Avis. Guess we were quite lucky…

  • Paulette Baker

    Rina,
    My company uses Avis almost exclusively, and the cost of the rental is determined by both days and hours, not days alone. Also, if the parking area was not staffed at night and there were no security cameras in the lot, how was Avis to know exactly when Seigel relinquished possession of the car? Was the key-drop box somehow monitored? Dropping the car off 5 minutes after closing or 5 minutes before opening the next day would not have made a difference in her rate if there was no mechanism for determining the precise drop-off time. You assume that she was being cheap when there is no information in this article to support your charge. Perhaps she was unable to get back before the rental office closed for the day and had to check in for a flight the next morning before the rental office opened. Perhaps Seigel should have scheduled better, but sometimes things are outside our control, especially when traveling.

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