My complaint:
On the 7th August, 2022, myself and another rented a car from a host on Turo, a car rental service. Upon returning the vehicle, our host got into the vehicle and parked it, then told us to leave her a positive review. The next day, over 12 hours after the end of the reservation, The host filed a damage report for a windshield crack. Despite providing photo evidence 72 minutes before the end of the trip that displayed no crack, we were still deemed liable for the damage. The host only took photos of her vehicle the following morning.
Our argument rests on two main pieces of evidence:
1) The failure of our host to inspect the vehicle on return, and only conduct checks over 12 hours after return. Given the size of the crack in the windshield, it would have been impossible for our host to not notice it when she got in the car to park it. If she could see well enough to park the car there is no chance that she could have missed a crack that large.
2) Currently neglected photo evidence revealing that there was no damage to the windshield just over an hour before return. These photos are far more relevant and reliable to proceedings than the host’s photos taken the next morning.
The following is stated under Turo’s Terms of Service under the heading ‘Specific terms for guests’:
The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault.
Our interpretation of this is that there must be reasonable evidence to prove that any damage occurred to the car ‘during the trip’ in order for it to be the guests’ responsibility. The host’s pictures detailing windshield damage were taken at 8:24am on Monday 8th August, 12 hours and 8 minutes after the time that the vehicle was recorded to have been returned. This is a significant window of time in which damage could have occurred to the car whilst it was parked.
Additionally, under the heading ‘Specific terms for hosts’, the Terms of Service also note that:
If you did not decline a protection plan made available via the Services, and you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Turo or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage.
We appreciate that the Terms of Service state that a host has a 24-hour window in which to report damage. This is a considerably long period of time in which damage could be caused to the vehicle. A host could, for instance, drive the vehicle themselves in this period, be responsible for some form of damage caused during their drive, and then report it afterward whilst attributing blame to their last guest. Rather than making unfounded accusations that either our host or natural phenomena were the cause of the windshield crack, we would like to highlight that Turo’s Terms of Service create considerable doubt over who is responsible for the damages.
Whilst it cannot be definitively ruled out, there is currently no conclusive evidence, provided by ourselves, our host, or Turo, to prove that the damage to the windshield occurred during the reservation. Due to the host’s photos being taken 12 hours and 8 minutes after the end of the reservation, there is considerable doubt as to when the damages might have occurred. We have been able to prove that the damages had not occurred until as late as 1 hour and 12 minutes before the end of our trip.
Therefore, Turo’s decision to make us solely responsible for the damages are unfounded and unjustified. Most importantly, its decision is not legally enforced by the Terms of Service.
Over the two months, we have been in frequent correspondence with Turo. We have outlined our point of view multiple times, only to receive a series of disappointing and remarkably unprofessional emails. One email, dated the 29th August, was ridden with spelling and grammatical mistakes and was, therefore, unintelligible. This was all the more shocking given the serious nature of this case. We have also been charged the repair costs without our permission, since the money was able to be taken from the card that we purchased the initial reservation with.
Suggested solution:
We would like to no longer be accountable for the repair costs of the windshield damage, as it cannot be proven that we are responsible for it.
