Unreported Damages
Based on the risk of damages the rental agency asks the renter to sign a contract which holds them responsible for all loss or damage to the vehicle despite fault. The presumption is that the bailee of the property had a duty to keep the property safe and in the same condition in which they received it. When the property is returned damaged, the presumption is that the damage occurred while the renter had the property.
The rental contract is not written to place an undue and unfounded burden on the renter, but rather to enforce the common law presumption that the bailee is responsible for all damage to the property in their care.
"At common law, the rental of a motor vehicle creates a bailment for the mutual benefit of the parties. Davis v. M.L.G. Corp., 712 P.2d 985, 987-88 (Colo. 1986). A bailment is "a delivery of personal property by one person to another in trust for a specific purpose, with an express or implied contract that the property will be returned or accounted for when the specific purpose has been accomplished or when the bailor reclaims the property." Davis, 712 P.2d at 988. see citation from United Truck Rental v. Kleenco Corp. 929 P.2d 99 (Hawaii App. 1996).
The renter is responsible for all loss or damage to the vehicle despite fault which occurs during your rental period.
The rental agency has to know what the vehicle looked like at the end of the rental period. Therefore, when you turn in the vehicle, the rental agency must have an opportunity to fully inspect the vehicle to determine its condition at the time of return.
Car rental damages are recorded through a series of inspections and documentation by both the renter and the rental agency. Damages can be a large portion of rental agency costs; therefore, the agency is particularly careful in keeping accurate records of all damages to their vehicles. Vehicles are inspected at the time of rental and return by several different people at several different places to ensure accurate documentation.
Due to the nature of the business and the necessary speed of service, many of these inspections take place without the renter. However, the renter has an opportunity to inspect the vehicle themselves when the pick it up and return it. Typically, after the renter returns the keys and receives a receipt the vehicle is taken to the service area to be washed and prepped for the next renter. It is not feasible for the renter to wait for an employee to wash and service the vehicle.
The reality is that damages happen and often it is impossible to determine how they happened. Parking lot "dings", windshield cracks, and bumper scratches are more often a mystery than not. The rental agency is aware that even the most well meaning renter will have damages occur during their rental through no fault of their own. Often damages occur without the renter ever knowing about them, but these damages are still real. Damages that are found in the routine of processing the rental vehicles are clearly the responsibility of the renter.
After the return of the vehicle, generally, the rental vehicle is taken to the back lot and pulled up to the fuel island and fueled for the next rental. The fluids and tires are checked and filled if necessary. Then they are pulled into the vacuum bay and the interior is cleaned thoroughly. Next the vehicle is driven through the car wash. After being washed the car is wiped down and a final check of the car takes place. The car is put in the ready line and is cleared for rental. If at any time during this process damage is found to the vehicle, it will be pulled from the ready line, tagged for damage and will be inspected by a manager. How when and where the damage is found is noted and put into the damage claim file.