I hired a car in November from a well known car rental firm for 1 week. As soon as I drove the car away I felt something was wrong. It felt sluggish and non reactive to my driving. It almost started to slow down and I got quite a fright as I was in the middle of busy lunchtime traffic. I managed to drive about 2-3 miles to the shopping centre where I was going in any case. I noticed an odd smell from the car but thought perhaps it was just a one off and it would be OK when I left.
I must have spent around 3 hours at the centre and my friend looked over the car, he thought it was a clutch problem. I drove again and this time it was much worse and I had to pull in sharply to a supermarket car park. I must have travelled between only 4 - 6 miles in these 2 very short trips. I called the rental firm immediately and they told me to call the AA who came and towed the vehicle telling me that it was more than likely a clutch burn out.
I went back to the rental firm and collected another car. At no point did they indicate that I could be liable for the breakdown. I explained everything that had happened and they sympathised and gave me the only other car available. I thought I might get some compensation and flagged it up with them.
A few weeks later I received a bill for over £600 for a burnt out clutch! Then followed a serious of phone calls between the firm and myself where I stated I would not be paying. I even called the AA and they told me that for me to have done this kind of damage I would have to have driven the car in first gear and revved it over and over consistently over a period of time. Given the time I had it (and the speedometer should prove this) it couldn't have been me who had damaged the car. The rental company are now threatening to pass information to a debt collector. I am so upset and feel that they are making me the fall guy for an existing problem.
Please can you advise?
When a hire car breaks down straight away
If you collect a hire car and it develops a serious fault within the first few miles, you may find yourself facing a demand for repair costs. This raises an obvious question: should you have to pay for damage that was almost certainly already present when you picked the vehicle up?
In most cases, the answer is no. If the car was faulty at the point of hire, you are not liable for the cost of repairs.
Find out your legal rights on a faulty product in less than a minute.
Try our Faulty Goods Rights Checker free, here on this site →What the law says about hire services
When you hire a car, the rental company is providing you with a service. Under the Consumer Rights Act 2015, services must be carried out with reasonable care and skill. The goods supplied as part of that service must also be of satisfactory quality.
A hire company that hands over a car with a pre-existing mechanical problem has likely failed on both counts. They have not exercised reasonable care in checking the vehicle before rental, and they have not provided you with a product fit for purpose.
If a clutch burns out after only a few miles of normal driving, this strongly suggests the fault existed before you took possession. Clutch damage of this kind typically results from prolonged misuse over time, not a short journey.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Evidence that supports your position
Gathering evidence will strengthen your case if the hire company disputes liability. Useful records include:
- The mileage reading when you collected the car and when it broke down
- Breakdown service reports from organisations such as the AA or RAC
- Any notes or photographs taken at the time of collection
- Correspondence with the hire company about the fault
If the breakdown service engineer confirms the damage could not have occurred in the distance you travelled, this is valuable supporting evidence. A car that fails within a handful of miles almost certainly had an underlying problem.
What to do if the company insists you pay
Write to the hire company explaining that you reject liability for the repairs. Set out the facts clearly: when you collected the car, when it broke down, and the mileage covered. Reference the Consumer Rights Act 2015 and explain why you believe the fault was pre-existing.
Keep copies of all correspondence. If the company refuses to back down, you can escalate the matter. For disputes involving amounts up to £10,000 in England and Wales, the small claims court may be an option. You can find guidance on making a court claim on GOV.UK.
Some hire companies are members of trade associations with complaints procedures. The British Vehicle Rental and Leasing Association offers a conciliation service for disputes with its members.
If you paid by credit card and the hire cost more than £100, you may also have protection under Section 75 of the Consumer Credit Act 1974. This could allow you to claim against your card provider if the service was not as described.
I rented a car in Belfast. The car was faulty and had a bad pick up. Everytime I stopped it at a signal, it just wouldn't take off again in one go. I continued driving and after about 40 miles, there was a steep hill. I just about started climbing the hill when the car stopped. I pulled over immediately and called the company to arrange a pick up.
I went back to the agency and they said it's a burnt clutch and immediately deducted 1000 pounds from my card.
I receive a letter a week later, saying a full invoice will be generated soon and I'll to have pay for a whole lot of things...their loss if income , etc.
What can be done about this?
There was no money in his account so he has been put into an unauthorised overdraft paying fees and warned that his credit score will be affected.
No response from the hire company, bank seems more concerned with getting the money than supporting their client.
He has some mental health issues and this is affecting his ability to go to work.
we are all very low as this is constantly on our minds
We hired a car from Sixt car rental and only did 27 miles before the clutch failed. They’ve put a £4800 fee on my credit card
Details
My wife, three children and my elderly parents recently took out a car with Sixt car-hire in Copenhagen. I’d only driven it a short distance (27 miles) on the motorway (E47) when the clutch failed. The Sixt office was shut (even though we called inside their office hours). I called for roadside assistance which confirmed a failed clutch. We got collected by an elderly relative and made the rest of the journey ourselves. We did get a replacement vehicle the next day (although it took a lot of persuading) and I’ve come home to find the entire expenses (nearly £5000) added to my credit card. I’m currently querying the amount with the Credit Card company (Barclays).
Since a clutch in an internal part of the vehicle it’s not possible to inspect it before leaving. In addition it’s a wearing part which should be maintained by the car-hire company (Sixt). As such it is their responsibility to provide vehicles fit for hire - I hope
Ask Consumer Rights Expert a question
Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.
You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.
Comments are moderated before publication.