When the car rental company charges you for an alleged scratch

On consumer forums, the "rental car scratch scam" is a hot topic: customers who have rented a vehicle are protesting against the large sums of money that rental companies then charge them for damage they deny having caused.

Few people take legal action, like MX. On August 17, 2024 at 7:30 p.m., he picked up a rental car he had booked with Avis Location. Clearly in a hurry to leave, he signed a blank inventory, without checking the condition of the vehicle, and initialed the general conditions of his contract which stipulate: " You must return the vehicle during opening hours (…) . If you choose to return the vehicle outside of opening hours or if you leave before the end of the return procedure, you do so at your own risk (…) . By signing the rental contract, you authorize us to debit your payment card."

On August 18, 2024, at 12:30 a.m., Mr. X parked the car in the parking lot of another agency, which was then closed. He left the keys in a mailbox provided for this purpose. On August 19, 2024, he learned that Avis Location had charged him the sum of 1,287.50 euros, due to "a scratch and [a] dent on the front right door," for which he denies being responsible.

He asks the company to prove that these damages occurred during the term of his rental. Not receiving a satisfactory response, he refers the matter to a mediator ( as required by law, since this is a dispute of less than 5,000 euros ). The meeting is set for December 11, 2024, but the company does not appear. The mediator draws up a report of failure to act, and Mr. X refers the matter to the Toulouse judicial court. At the hearing on May 6, 2025, Avis Location does not appear, and is not represented.

On June 24, 2025 , the court delivered its judgment. It first recalled that " it was Mr. X's responsibility to ensure the condition of the vehicle at the time of its recovery," which he did not do. It added that "he was responsible for it until the end of the contract, i.e., August 18, 2024 at 10 a.m., any return of the vehicle outside of working hours being deemed to be at his own risk."

You have 38.35% of this article left to read. The rest is reserved for subscribers.