Rental Car Damage Claim - Switzerland

itslittfam on 19/09/2023 - 18:59
Last edited 19/09/2023 - 19:12

Hi all,
So I got a flat tyre while I was in Switzerland in June 2023, and I finally got a Damage Claim invoice from Europcar claiming I owe them roughly $500 AUD for a new tyre plus towing fees.

They couldn't debit my credit card on file for some reason, so they asked me to Wire transfer them the money.

Now it wasn't my fault when I got the flat tyre and I noted that down on the incident form at the time.

Can they pursue me for this Claim if I were to fight it and refuse paying them. And also can they do debt recovery/notify my credit provider for this?

Any other consequences I haven't thought of?

I just want to know what options I have because $500 AUD for a flat tyre is ridiculous, and something I did not cause intentionally.

I do have credit card insurance, however reading the PDS clearly states tyre and windshield is not covered plus there's an excess of $300 for a claim.

What would you do in this situation?

Travel Car Rental Switzerland

Comments

  • Hybroid on 19/09/2023 - 19:01
    +9

    it wasn't my fault when I got the flat tyre

    Why do you feel this is the case? Generally it's your fault if the vehicle was under your care when it occured.

    $400 AUD for a flat tyre is ridiculous

    Not at all. That's not too unreasonable for a tyre replacement in Europe.

    fight it and refuse paying them

    On what valid moral basis? You either damaged a tyre that they incurred a cost to replace, or didn't?

    • itslittfam on 19/09/2023 - 19:24
      +1

      Sorry it was $500 (I converted the amount badly). Understand its in my care, however quite frustrating when you didn't hit anywhere or went over a pothole and your tyre randomly decides to get flat. Want to know if they can come after me if they can't charge my card.

      • boomramada on 19/09/2023 - 22:02
        +1

        $500 AUD for a new tyre plus towing fees.

        So you drove in a flat tyer and the tyer got destroyed (ie run-flat tyre) ? Then $500 damage sounds about right. You meant to inflate the tyer ASAP on those or the tyer get damaged. Pay the damage and move on.

        • Dslrfirst on 20/09/2023 - 08:51
          +5

          Use "tyre" & move on.

  • haroldmac on 19/09/2023 - 19:08
    +4

    Ignore them

  • Ocker on 19/09/2023 - 19:10
    +3

    You do the crime - you pay the fine

    • itslittfam on 19/09/2023 - 19:22
      +1

      Thanks for the advice

      • EightImmortals on 20/09/2023 - 07:25
        +1

        Good to know you are a vicious criminal now. Should be locked in a cage for 20 years. How dare you get a flat tyre! :)

  • HardQuiz on 19/09/2023 - 19:19

    So you returned the car with a flat tyre?

    Why tow fee?

    • itslittfam on 19/09/2023 - 19:22

      They had to tow the vehicle to the nearest Europcar centre and then they gave me another vehicle as replacement.

      • Seaword on 20/09/2023 - 09:36

        Did you have insurance covetage? Either with Europcar or on your travel insurance?

  • Iwantthebestprice on 19/09/2023 - 19:25
    +1

    Just ignore it, what are they gonna do all the way from Switzerland ;) they will write it off and move on

  • horice on 19/09/2023 - 19:32

    Did the car have a spare?

  • bobbified on 19/09/2023 - 19:34

    Now it wasn't my fault when I got the flat tyre

    What?? If you borrow something and you bring it back damaged, it's on you!

    • itslittfam on 19/09/2023 - 19:35
      -1

      What I meant was - it happened naturally. I didn't hit anything or go over a pothole. $500 is a ridiculous amount for replacing a tyre on a $20k sedan

      • bobbified on 19/09/2023 - 19:36
        +4

        it happened naturally.

        oh right…. ** rolls eyes **

      • coffeeinmyveins on 19/09/2023 - 22:07
        +2

        "it happened naturally"

        Oh my god you are clueless and sound like the worst customer mate

  • sumyungguy on 19/09/2023 - 19:34
    +1

    Assume you must have purchased zero excess? I've had my share of punctures due to being unable to discern the occasional screw lurking on the roadway - not my fault. Europcar operates worldwide so they can simply engage a debt recovery service if/when you don't remit payment.

    • itslittfam on 19/09/2023 - 19:36
      +1

      Its coming from Europcar Switzerland though, Can they hand over the claim to Europcar AU? Im guessing it would be a lot of legal paperwork for them?

      • sumyungguy on 19/09/2023 - 19:38
        +3

        They don't need to hand it over. They can simply consult their Australian office as to which debt recovery service to engage. Or they can simply use an international debt recovery partner. When you incur windsceen or tyre damage it's usually not your fault but doesn't mean you have a right to not pay for it.

  • horice on 19/09/2023 - 19:45
    +3

    No spare even
    Id probably reply and ask for a report on the tyre before further negotiation
    Whether it was a fresh puncture or failed previous repair or defective valve and just string them along

    • itslittfam on 19/09/2023 - 19:50

      Thanks this is good advice!

  • Jimothy Wongingtons on 19/09/2023 - 20:01
    +1

    Surely the cost to send Swiss Hitmen to hunt you down costs more than $500.. I guess they can always farm out the assignment to some locals hmm

    • Fredfloresjr on 20/09/2023 - 08:32
      +1

      But bikies……. are always available….

      • altomic on 20/09/2023 - 10:57
        +3

        swiss bikies….in lycra

  • Mechz on 19/09/2023 - 20:11

    If you know you got the flat and need to be towed, and it's not covered on your insurances, pay it IMO.

    There will be a time where you might desperately need a car because the other company you booked through cancelled on you.

    I reckon if this happened to you in Australia they'd charge more too. So the cost seems pretty reasonable.

  • brad1-8tsi on 19/09/2023 - 20:31
    +1

    If you hit black ice on a corner and speared off the road into a tree that would also not be your fault but you'd have to pay.

    The wire transfer seems a bit odd though. Why can't they take the CC # over the phone?

  • mbck on 19/09/2023 - 20:50

    May I ask which insurance this is?

  • Bargainitis on 19/09/2023 - 20:58
    +1

    I wouldn’t worry about it OP.

  • lunebyes on 19/09/2023 - 21:09
    +2

    Europcar can simply sell the debt onto a debt collector. I was in a similar situation when I rented a car from Europcar in London and they claimed I returned it with damage.

    From my experience, ignoring it won’t make it go away.

    • shxhshzhz on 19/09/2023 - 23:04

      what happened after?

      • lunebyes on 20/09/2023 - 12:44

        I had kept the paperwork which showed the damage as on the car when I collected it. After scanning and sending this off and several phone conversations they agreed I didn’t owe them something (originally they didn’t believe me).

        Originally I had tried ignoring them as I assumed they would realise the mistake, however I just received increasing levels of contact from them.

        • shxhshzhz on 20/09/2023 - 14:06

          good work. Seems that they were trying to make free money off you.

  • Ponsonby on 19/09/2023 - 21:22
    +5

    This case aside, Europcar have a reputation in Australia and overseas of playing very hard and unscrupulously on real and alleged damage at the end of a rental contract.

  • coffeeinmyveins on 19/09/2023 - 22:09
    +2

    They will sell your debt and you'll get hounded for ages about it. May impact credit score somehow with a bad debt.

    You got a flat, which you're responsible for, and are trying to weasel out of paying what you legally owe them.

    "Happened naturally" . My sides. As opposed to what? Do you think flat tyres only happen when people want them to?

    You'd also be black listed from that company worldwide.

    Also I wouldn't be surprised if these rental companies share let's of customers like you and you get blacklisted everywhere

    • exxonsign on 19/09/2023 - 23:17
      +2

      1. OP's credit report in Australia won't be impacted by this as it stands, as it is highly unlikely that the entity who rented you the car would be a credit provider under section 6G of the Privacy Act for the purposes of the Damage Claim invoice they have sent you.

      2. It is not a debt. It is a claim. Who would buy that from Europcar, and why would they do it?

      They would need to obtain a judgment - which is most likely to be feasible in Switzerland, as it would be difficult to find a Court in Australia with jurisdiction to adjudicate the claim. The Swiss judgment would then need to be enforced in Australia, which is likely to require certification, and an application to the state Supreme Court under the Foreign Judgments Act.

      In this particular case, it happens that Switzerland is one of the small handful of nations whose inferior Courts are actually recognised in Australia for this purpose. It also happens that the costs of registering the judgment in Australia are actually recoverable under the Foreign Judgments Act.

      But seriously, who is going to do all that work for the profit that can be made by purchasing the debt? Even if it is sold for 1c on the dollar ($5) that only leaves a maximum profit of $495 if all the ducks line up - with the risk of bearing costs if the application for registration of the judgment doesn't go to plan.

      If anyone can provide an example of a foreign judgment being registered and enforced in Australia for this amount, I would love to know about it. But I suspect the unpaid invoice will remain an unpaid invoice in the event OP elects not to pay it.

      Not commenting on the moral questions being conjured by other posters, just being realistic about the facts (and not making up things about selling debts).

      • sumyungguy on 19/09/2023 - 23:42
        +2

        I think you'll find companies with high turnover don't pay by the case for debt collection - they engage third parties via an annual contract/payment.

        • exxonsign on 20/09/2023 - 00:05
          +1

          Yep, agree 100%.
          And none of those contracts would be likely to cover foreign enforcement.
          Likewise debts are usually sold in batches or tranches.

          (The paragraphs above were all meant to continue on from point 2 about debt purchasers)

  • Look Up on 19/09/2023 - 23:40
    +3

    OP - 2 parts to your question

    … and something I did not cause intentionally.

    Cmon bro

    No one deliberately tries to get a flat tyre

    If you get one whilst the vehicle is under your car per the hire contract, you are responsible

    Do not stoop to the level of this guy and try to weasel out of the responsibility

    … because $500 AUD for a flat tyre is ridiculous

    You need some facts before you can make that judgement

    Ask Europcar for the exact brand, model and size details of the tyre replaced (eg. Michelin Pilot Sport 4 245/45/R18) and then search for prices from the Swiss equivalent of Bob Jane and Tyrepower

    If the tyre is at least $200 AUD, you have nothing to stand on:

    Replacement tyre = $200
    Tow truck call out fee + mileage = $200
    Tyre removal, fitting, balancing = $100

    Switzerland is not renowned for cheap service prices

  • morse on 20/09/2023 - 04:03
    +1

    $500 seems reasonable for tyre repair and towing, presumably you didn’t choose roadside assist or a package that included no excess repairs for tyre damage.

    You’re essentially in debt to them, they may be able to persue this through your credit card provider or bank, if you don’t pay. Just be careful with the direct transfer if you choose this option that it’s legitimately the company and not a scam.

  • BeamMeUp on 20/09/2023 - 07:59
    +2

    Did you read the rental car T&Cs? You are generally responsible for a flat tyre regardless of what causes it. Every time i have rented the agent has clearly stated this. Didnt it have a spare? If it was towed, i assume there was no spare or it was flat, then paying a towing fee is rough.
    You not paying the excess, do you think they havent dealt with this before with an international renter and havent got processes to handle this? I recon it will come back and bite you.
    This is why when i rent a car i upgrade to zero excess, too many dodgy rental car company damage ripoff stories. Sometimes if you have a flat tyre theres no escaping that cost. It happened to me once, i fitted the spare and got the tyre repaired before I returned the car. It was a hassle but i had a little spare time and it saved me a few hundred bucks more that the rental company would have charged.

  • jrvb42 on 20/09/2023 - 08:17

    There are heaps of europeans (backpackers?) who come to our country, accumulate fines and so on, and then leave the country without paying.
    Clearly not the right thing to do, but I'm not sure if it's worth the authorities tracking them down even if they can.

    Would it be a case of inter-country karma for you to simply ignore the charge and see if you're pursued?
    This seems to be the modern way AFAICS.

    If you're asking what's the right thing to do, I'd be challenging the amount as unreasonable (car hire companies are notorious for padding these repair bills - personal experience) and offer to pay a reasonable amount.
    I'm wondering why there is a towing charge at all? No spare? And seriously, how much is a new tyre fitted? Seems excessive.
    But you are liable.

    • coffeeinmyveins on 20/09/2023 - 10:04

      (car hire companies are notorious for padding these repair bills - personal experience) and offer to pay a reasonable amount.

      Europcar (the hirer they are using) was literally raided and in legal trouble for doing exactly this

      lol

  • werdnanostaw on 20/09/2023 - 08:22
    +1

    Lease cars in France used not to include damage to tyres or wheels; they do now.

    In Europe don't rent, lease a Renault, Citroen, Peugeot or Dacia. It is the greatest travel deal on Earth. You get a reasonably priced (my lease next month will cost $70/day) brand new car with 100% cover compared to car rental CDW which leaves you totally exposed to such things as tyres, wheels, underbody and overhead damage, mirrors, glass, interior, lost keys, wrong fuel, towing fees, assessment fees, lost income fees and the biggy, diminution of value in case of damage which at say 25% on a $40,000 car is $10,000.

    All of these stories took place in Spain.

    I went around a corner with a wide pedestrian ramp and rode up onto the ramp. At the end of the ramp there was right angle corner and the tyre was destroyed. Car had space saver spare so I was able to change tyre. It was a wide, low profile tyre = expensive. It cost E250 to replace.

    The next day after leaving hotel I realised I hadn't returned keys. I drove back and returned them. As I was leaving as I was turning right into quite narrow street with no traffic, stopped bus on other side of road pulled out without warning. I dodged and hit kerb on corner with the new tyre. It only cost E230 to replace it this time.

    This was more than ten years ago so AUD500 for towing and tyre replacement seems cheap.

    I hit a split pothole, ie the road had sagged and there was a ledge in the road, that the rim hit. The wheel was distorted and the tyre deflated.

    I went to Renault dealership. The boss, who was the only one there who spoke some English, said it would take a week for a new wheel to be delivered. He got 2 apprentices to bash the rim back into "shape" with a block of wood and a sledge hammer. When I asked how much, he said it was free. I gave him E30 and asked him to buy the apprentices some beer.

    I got a parking ticket for parking in a dashed blue and white bay. Blue is free in Spain. I have no idea what blue and white means. I thought it had been a white bay and they had converted it to a blue bay because the white was very faded.

    The ticket said pay in 7 days for such and such. After that fine increases by E1/day. (I also have a parking ticket from New York City from 1979 that increases by $1/day. I always "worry" when I enter USA that one day it will come up on their computer screen and they will drag me away because I have a $16,000 debt.)

    The only payment method offered was bank to bank transfer and as I didn't have a Spanish bank account the bank I asked wouldn't/couldn't make payment. I ignored ticket.

    This was 15+ years ago and they didn't pursue me internationally.

    I am going back to Spain next month so I had better avoid that town except I can't remember what it was called.

    Last year I was in Italy and on the last day after 2 months of driving I went through a speed camera and got pinged.

    I received a letter from an Australian debt collector for an E100 fine. It threatened dire consequences about credit scores and legal fees if they had to take the matter to court. I paid up.

    Moral of the story: In the past they didn't pursue such debts. Now they do. It seems cheap to me. I would pay up.

  • Fredfloresjr on 20/09/2023 - 08:35

    Why I always pays for zero excess when hiring car anywhere. Less headache.

    • sumyungguy on 20/09/2023 - 08:39

      Me too, but I've had zero excess cover with windscreen, tyres and underbody as exemptions.

  • Drj55 on 21/09/2023 - 21:25

    I don't get the hate here. If I lent my car to you for the day and the tyre went flat, would you buy me a new tyre? That tire didn't wear out on one trip. Surely, that's normal wear and tear and part of what the rental fee covers? If you hire a car and the engine breaks down is the renter responsible for a new engine? Seems like a good deal for the car hire company… Don't bother changing tires near end life, don't bother maintaining a car… Just collect the full amount for repairs from the client who had it for a day.

    If anything the renter should be getting a refund for the waste of time caused by hiring dodgy equipment that's not fit for hire.

    • morse on 22/09/2023 - 05:26

      If I lent my car to you for the day and the tyre went flat, would you buy me a new tyre? That tire didn't wear out on one trip.

      It sounds like a puncture caused the flat, not wear and tear. I wouldn’t buy you a new tyre under most circumstances but I would pay for the repair and to get the car back to you.

  • ngengerous on 22/09/2023 - 13:21

    Swiss repair prices will really sting you - sounds like you'll have no choice but to pony up. Last year I busted a tyre in Switzerland on the top of a mountain pass, and had to pay up ~$1300AUD for a tow down the mountain and two new rear tyres (couldn't just replace one). The mechanic was apologetic, even mentioned that if it'd happened in Germany it'd be half the price Switzerland charges. Although $500 is steep, it could have been worse!

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