Legal Question in Consumer Law in Maryland

Budget Rent-A-Car Trying to Collect for Pre-existing Damage To Vehicle

We rented a truck from Budget Rent-a-car to assist our move. During pre-rental insepection, we noted a huge dent on the front bumper and hood. We drew a line on the picture across the bumper and wrote dents and scratches to indicate pre-existing damage to the car. When we checked the truck back to Budget the next day, they told us that since we didn't mark the hood, they were going to charge us for the damage. It is pretty clear that the damage on the hood is caused by the same accident that caused the damage to the front bumper.

The pre-rental inspection form had no clear instruction on how to properly mark and label the pre-existing damages. What options do they have on trying to collect on this, and what options do we have to attempt fight off this claim?


Asked on 9/01/01, 4:37 pm

2 Answers from Attorneys
Alton Drew Alton Drew, LLC

Re: Budget Rent-A-Car Trying to Collect for Pre-existing Damage To Vehicle

A couple questions. You refer to a picture of the hood? Was there a picture of the hood taken during preinspection? If so, why did you not notify Budget that there was damage to the truck prior to leaving the site? If you did notify Budget during pre-inspection that there was damage to the vehicle, then Budget should not be able to charge you for it. If, on the other hand, you drove off with the vehicle knowing that it was damaged, as the last possessor of the vehicle you will look like the liable party. Has Budget sent you a bill for the damage or in any other way recovered from you the damages?

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Answered on 10/03/01, 3:13 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Budget Rent-A-Car Trying to Collect for Pre-existing Damage To Vehicle

Budget Rent-A-Car certainly has an attorney, a full staff of them.

You should too. This incident may cost you hundreds or thousands of dollars.

I am a general practice attorney with very reasonable rates.

Budget has a number of remedies available. The damage may be covered under a liquidation clause in the

rental contract. This means that the claim can be sent to collectors, credit reporting, etc.

There are a number of remedies available to you. Call me and we will discuss.

Law Offices of G. Joseph Holthaus

(410) 799-9002//(410) 619-5918

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Answered on 10/01/01, 9:17 am


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