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Old Feb 21, 2018, 1:24 pm
  #1  
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Windshield Damage Claim

Hey all,

I received a letter from National saying I owe money for a damaged windshield with an invoice.

No pictures, no proof - they say this:

‘There are never pictures for windshield claims as the technicians completing this work do not have the ability to take photos and upload them to our system.

The notes on the file reflect the damage was pointed out to you upon return, and the invoice serves as proof there was damage that required replacing the windshield.‘

How do I fight this? This isn’t cool.
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Old Feb 21, 2018, 1:45 pm
  #2  
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Originally Posted by rtch92
Hey all,

I received a letter from National saying I owe money for a damaged windshield with an invoice.

No pictures, no proof - they say this:

‘There are never pictures for windshield claims as the technicians completing this work do not have the ability to take photos and upload them to our system.

The notes on the file reflect the damage was pointed out to you upon return, and the invoice serves as proof there was damage that required replacing the windshield.‘

How do I fight this? This isn’t cool.
Same way you fight any damage claim.
  • demand pictures anyway (even though they said they don't have them)
  • demand written proof that you were notified of the damages at return
  • demand an actual invoice (not just an estimate) from the vendor who provided the windshield repair service showing proof they actually did pay for the windshield to get replaced
  • demand fleet logs if they are assessing you any loss-of-use charges

The more things you request from them (and the fewer they are actually able to provide), the more chance they'll realize the claim isn't going to be one easily pinned on you and won, and the better chance they'll just drop it. Not a large chance, but better than zero.
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Old Feb 21, 2018, 1:55 pm
  #3  
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Just sent a request to them to further prove this.

I never heard of a rental car agency not having pictures of damage.

Originally Posted by jackal
Same way you fight any damage claim.
  • demand pictures anyway (even though they said they don't have them)
  • demand written proof that you were notified of the damages at return
  • demand an actual invoice (not just an estimate) from the vendor who provided the windshield repair service showing proof they actually did pay for the windshield to get replaced
  • demand fleet logs if they are assessing you any loss-of-use charges

The more things you request from them (and the fewer they are actually able to provide), the more chance they'll realize the claim isn't going to be one easily pinned on you and won, and the better chance they'll just drop it. Not a large chance, but better than zero.
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Old Feb 21, 2018, 2:03 pm
  #4  
 
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Dang, hope it works out.

I'll have to make sure to take some post-return photos to cover myself in case these things happen.....
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Old Feb 21, 2018, 2:25 pm
  #5  
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For all who is curious and want to protect themselves, it was out of the YYZ location.

I am extremely dissapointed. I have since moved my business entirely to AVIS/Budget.
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Old Feb 21, 2018, 9:20 pm
  #6  
 
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I almost got charged for some minor bumper damage once, they took my insurance info and statement. The guy who I returned the car to made a suggestion I’ve used ever since. Take pictures from all angles before you get in the car. You have time stamped proof of what existed when. You can zoom in on specific areas if questioned. I rent a lot but never thought about this. I’ve always taken pictures of gas and mileage but never considered pre-rental pics.
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Old Feb 21, 2018, 9:33 pm
  #7  
 
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Originally Posted by Gunterindiana
I almost got charged for some minor bumper damage once, they took my insurance info and statement. The guy who I returned the car to made a suggestion I’ve used ever since. Take pictures from all angles before you get in the car. You have time stamped proof of what existed when. You can zoom in on specific areas if questioned. I rent a lot but never thought about this. I’ve always taken pictures of gas and mileage but never considered pre-rental pics.

It depends on state rules as well. Based off what I've gathered from talking to reps was at least in NYC and perhaps NY state as well is any damage like small scratches and etc on the bumper is fine. I've had asked at the time of pick up and return. Also YMMV but I had a rep tell me any damage under $1,000 won't be filed as well. Had bumper damage and used my CC cover it because of bad NYC drivers can't park. I also had 2 experiences where I was on a highway where part of it has no shoulder and after accidents or whatever debris is not always removed. Ran over something twice where it caused minor damage and did an accident report and nothing came of it.
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Old Feb 21, 2018, 11:26 pm
  #8  
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Originally Posted by Closingracer



It depends on state rules as well. Based off what I've gathered from talking to reps was at least in NYC and perhaps NY state as well is any damage like small scratches and etc on the bumper is fine. I've had asked at the time of pick up and return. Also YMMV but I had a rep tell me any damage under $1,000 won't be filed as well. Had bumper damage and used my CC cover it because of bad NYC drivers can't park. I also had 2 experiences where I was on a highway where part of it has no shoulder and after accidents or whatever debris is not always removed. Ran over something twice where it caused minor damage and did an accident report and nothing came of it.
I'm not aware of any state laws about what can be charged for damage to a rental car. As far as I know, state laws only affect liability coverage. I'd be interested to be shown wrong, though.

The no-charge-for-under-$1K thing is definitely not true. In fact, the vast majority of demand letters sent out on my watch were for damages well under $500. In the US, I've been on the hook for one scrape that cost about $300 and another bumper that cost about $600 to repair (fortunately covered by my credit card both times).
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Old Feb 22, 2018, 5:49 am
  #9  
 
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Originally Posted by jackal
I'm not aware of any state laws about what can be charged for damage to a rental car. As far as I know, state laws only affect liability coverage. I'd be interested to be shown wrong, though.

The no-charge-for-under-$1K thing is definitely not true. In fact, the vast majority of demand letters sent out on my watch were for damages well under $500. In the US, I've been on the hook for one scrape that cost about $300 and another bumper that cost about $600 to repair (fortunately covered by my credit card both times).

Well as I said could just be NY. I I know therr is a law in NY that makes it where they can't charge you for wear and tear kind of damage.


As far as under 1k this was where i was filling out a claim for damage and was talking to a manager and he said that. Also as i said there was 3 cases where I had damage where I filled out a report and they never gave me anything
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Old Feb 22, 2018, 6:58 am
  #10  
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National has provided me every excuse in the book and has given me the whole song and dance how there’s no such records.

What should I do now? Just ignore it?

Originally Posted by jackal
Same way you fight any damage claim.
  • demand pictures anyway (even though they said they don't have them)
  • demand written proof that you were notified of the damages at return
  • demand an actual invoice (not just an estimate) from the vendor who provided the windshield repair service showing proof they actually did pay for the windshield to get replaced
  • demand fleet logs if they are assessing you any loss-of-use charges

The more things you request from them (and the fewer they are actually able to provide), the more chance they'll realize the claim isn't going to be one easily pinned on you and won, and the better chance they'll just drop it. Not a large chance, but better than zero.
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Old Feb 22, 2018, 7:12 am
  #11  
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Originally Posted by Closingracer
Well as I said could just be NY. I I know therr is a law in NY that makes it where they can't charge you for wear and tear kind of damage.


As far as under 1k this was where i was filling out a claim for damage and was talking to a manager and he said that. Also as i said there was 3 cases where I had damage where I filled out a report and they never gave me anything
What law? This is an urban myth. You are talking about two different aspects of your contract. First, may be a "wear and tear" clause. That does not equate to "minor," rather it means things like bald tires or low oil. Second, is whatever insurance or waiver you may purchase or have included with your rental.

What happened to OP was easily avoided. Photos, photos, and photos. If you leave this to the rental agency, you will have a fight on your hands, perhaps wind up losing a chargeback dispute with your CC issuer and ultimately being places on the company's DNR list. If you have photos taken at pickup and return, you can simply show that you did not cause the damage.

The better question to OP is not whether National can prove the damage but whether there was danage. Was there a cracked windshield at pick up and was there such damage at drop off.
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Old Feb 22, 2018, 7:50 am
  #12  
 
Join Date: Jan 2016
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Originally Posted by Often1
What law? This is an urban myth. You are talking about two different aspects of your contract. First, may be a "wear and tear" clause. That does not equate to "minor," rather it means things like bald tires or low oil. Second, is whatever insurance or waiver you may purchase or have included with your rental.

What happened to OP was easily avoided. Photos, photos, and photos. If you leave this to the rental agency, you will have a fight on your hands, perhaps wind up losing a chargeback dispute with your CC issuer and ultimately being places on the company's DNR list. If you have photos taken at pickup and return, you can simply show that you did not cause the damage.

The better question to OP is not whether National can prove the damage but whether there was danage. Was there a cracked windshield at pick up and was there such damage at drop off.


Lol urban myth? I have no desire to look up the actual law but there is a law in the city of new York city that prohibits rental car companies to charge renters certain damages. I have had the bumper scratched up a bit because of bad parkers and they don't even bother writing it up even after showing them.


As far as my other point it was only from my experience on three different experiences.


And from what i read of Cc fine print isnt windshield damage excluded?
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Old Feb 22, 2018, 7:52 am
  #13  
 
Join Date: Jan 2016
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Originally Posted by rtch92
National has provided me every excuse in the book and has given me the whole song and dance how there’s no such records.

What should I do now? Just ignore it?



You can ignore it but they will probably send it to collections eventually and besides credit issues you'll be put on the DNR
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Old Feb 22, 2018, 10:38 am
  #14  
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Originally Posted by rtch92
National has provided me every excuse in the book and has given me the whole song and dance how there’s no such records.

What should I do now? Just ignore it?
Don't ignore it (for the reasons mentioned by Closingracer).

Reply back and firmly but politely tell them that since they are unable to provide any evidence that the vehicle was damaged while in your possession, you cannot pay the amount they're demanding and will be involving a lawyer if they continue to attempt to pursue the claim. Visibly CC that letter to National corporate and the state insurance commissioner and the state attorney general of the state you rented in.

If they continue to pursue the claim, involve a lawyer or take them to small-claims court.
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Old Feb 22, 2018, 11:01 am
  #15  
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Originally Posted by Closingracer
Lol urban myth? I have no desire to look up the actual law but there is a law in the city of new York city that prohibits rental car companies to charge renters certain damages. I have had the bumper scratched up a bit because of bad parkers and they don't even bother writing it up even after showing them.


As far as my other point it was only from my experience on three different experiences.


And from what i read of Cc fine print isnt windshield damage excluded?
New York State currently has a statute that provides certain protections for those who rent cars within the state. For me, the most significant one involves how much time the rental company is given to assert a damage claim against the renter. See, especially, paragraphs 3, 5, and 6.

New York Consolidated Laws, General Business Law - GBS § 396-z | FindLaw
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