Dear Atty. Peachy,
A former co-worker recently reached out about a rental car I rented to them several months ago for a family trip. They claim there was damage to the car that I did not notice at the time of return, and now they want me to pay for the alleged damages plus additional cleaning fees. I remember returning the car in good condition, with a full tank, and I did not receive any written notice of damage when it was returned. The rental agreement included a small print about damages and additional charges, but nothing was clearly explained to me at the time.
If there was no written notice of damage when I returned the car, am I still liable for damages? Can a former renter be held responsible for damages after the fact, especially if I did not receive any notice or an itemized bill? What should I do to protect myself, and what evidence would help if this ends up in a dispute?
Thank you for your help.
Tina
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Dear Tina,
Thank you for reaching out. If there is no written notice or clear, dated charge for damages, you are less likely to be held responsible. If you were not notified within a reasonable time after the return, you may have a stronger case that the claim is invalid.
Rental companies should show you what they claim and give you a chance to respond. You generally should not be charged for damages you did not cause or for fees you did not agree to, especially without proper documentation. The key is good records — the condition of the car when you returned it, the fuel level, and any notice or bill you received later. Gather everything you have: (1) the rental agreement (even if it is just a screenshot), (2) photos of the car at return (if you took any), (3) receipts, (4) texts or emails about the rental, (5) any messages about damages or fees and (6) any notes you made at the time of return about the car’s condition and fuel. The rental company should provide an itemized bill listing the exact damages, the estimated repair cost, etc. They should also show when the damage was discovered and when you were notified. Ask for proof and keep communications in writing. Request a written statement with dates, descriptions of the damages, repair estimates, and the basis for any charges. If you disagree, respond in writing and state you dispute any charges not supported by clear documentation. Keep a log of who you spoke with, dates of conversations, and what was said. Save text messages if possible.
If you get a formal demand or a collection notice, consider talking to a lawyer for guidance on how to respond. In the meantime, do not pay any charge unless the rental company shows clear, itemized proof of damages and a reasonable cost. If you did not receive a notice or an itemized bill, you have a solid basis to push back.
Atty. Peachy Selda-Gregorio
