Car Hire Company Says You Damaged the Car — What Evidence Must They Show?

You handed the car back in good condition — no accident, no knock, no scrape. Now the hire company says you scratched the paintwork, cracked the windscreen, or left dents, and they've charged you for the repair — sometimes without showing you any paperwork at all. This is a real problem for them, because it's the hire company that has to prove:

1. that the car actually had damage,
2. that the damage happened during your rental,
3. that the repair genuinely cost what they say it did.

Every one of these points needs evidence. This article explains what evidence they should be able to show, and how to push back.

This guide is general legal information, not legal advice. How the rules apply depends on your contract, the evidence available, and your individual circumstances — including whether you're dealing with the matter as a consumer or in a commercial context. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or the relevant specialist. Twoja Sprawa helps you organise the documents for that assessment.

Who has to prove what — the burden of proof

The key question is: who has to prove what?

• The hire company has to prove that you caused the damage — not merely that damage existed when you returned the car.
• You are entitled to defend yourself — if you have evidence the car was handed back in good order, you're in a strong position.
• In consumer disputes (where you hired the car as a private individual) Polish law places extra weight on the trader's duty to clearly justify its claims (Article 471 of the Polish Civil Code — Kodeks cywilny, KC — and the statutory warranty for defects, known as rękojmia).

In practice: if the hire company claims — with no evidence — that you scratched the paintwork, but you have video of the handover showing no scratches, you're in a far stronger position.

What evidence the hire company should produce

Before you agree to pay for any "repair", the hire company should be able to show:

1. Photos or video of the damage

• Photographs taken on the day of return, showing the damage from several angles,
• ideally with a colleague or witness who can confirm in writing that they saw the damage,
• dated images (EXIF metadata from a smartphone, where available),
• a comparison: the car's condition at drop-off versus the condition when the damage was "discovered" (if several days passed in between).

2. A return/condition report

• A report describing the vehicle's condition at the point of return — scratches, cracks, marks,
• you should receive and sign it (or decline to sign if you disagree),
• no report at all is a serious gap in the hire company's evidence.

3. An invoice or repair estimate

• An invoice from the garage that carried out the repair, showing:
• a description of the damage,
• the parts used (e.g. cost of respraying),
• labour hours,
• the total amount,
• a proper receipt or invoice — not just a verbal figure.

If the hire company simply says "damage cost 2,000 PLN" with no invoice attached, that's a red flag.

4. An independent expert valuation (for larger claims)

• If the matter goes to court and the sums involved are significant (say, over 3,000 PLN), you can ask the court to instruct an independent expert to assess:
• whether the damage could have occurred during your rental (or existed before it),
• what the genuine repair cost actually is (and whether the hire company has inflated it).

What you can do — building your defence

Step 1: Document everything in advance

Before anything goes wrong:

• At collection: take photos or video of the car's condition — the whole vehicle, roof, sides, front, back, mileage, and interior.
• At return: take photos or video again, with a timestamp (turn on the date/time stamp on your phone, or record video).
• Only sign the condition report if you agree with it — if you don't, write "I do not agree with this description; the car was in good condition, see attached photos."

Step 2: If the hire company charges you without evidence

Write a formal complaint:

I do not accept the charge of [amount] PLN for alleged damage to vehicle registration [reg number], hired on [dates]. The car was in good condition when returned, as documented in the attached video. I require you to provide:

1. Photos or video taken at the point of return, clearly showing the damage,
2. A return/condition report, signed by both parties,
3. An invoice from the garage setting out the repair cost.

If you cannot provide the above within 14 days, you are withholding my money without justification and I require a full refund.

Step 3: Gather your own evidence

Prepare:

• Photos and video from collection and return (your strongest evidence),
• Witnesses (anyone who saw the car's condition at the point of return),
• Texts and emails sent shortly after returning the car ("car returned, no damage"),
• Any insurance correspondence (if you took out rental cover),
• Statements from anyone travelling with you (family, friends).

Step 4: Bank chargeback

If the hire company won't budge and has no evidence:

• Contact your bank: "I've been charged for damage I cannot verify. I don't have access to their evidence (photos, invoices). I'm requesting a chargeback."
• The bank will mediate between you and the hire company.

Step 5: Court

If the sums are significant (over roughly 2,000–3,000 PLN) and the hire company won't back down:

• You may bring a claim before the civil courts in Poland, particularly where you hired the car as a consumer.
• Ask the court to instruct an independent expert to assess the damage and the genuine repair cost.
• The court will look closely at whether you have evidence the car was returned in good order.

Weak points in a hire company's case — what to look for

Watch out for signs such as:

• No photos from the point of return — a strong signal they may be inventing the damage,
• Photos that surface weeks later — they could be from a different car or a different time,
• No condition report — no document showing you agreed to that description of the car,
• No invoices — the hire company says "it cost 3,000 PLN" but has no garage invoice to back it up,
• The story keeps changing — first "a scratch on the door", later "the whole side panel damaged",
• An implausible estimate — if a minor scratch is quoted at 2,000 PLN, that's clearly excessive,
• No access to the car after return — you ask to see the car before repair and they say "we can't, it's already been fixed"; this makes it much harder for you to defend yourself.

Special situations

Pre-existing damage

If minor scratches were already there at collection and the hire company failed to note them on the condition report, they cannot charge you for repairing that damage. That's why it's worth reading the collection report carefully — if there's anything inaccurate, flag it immediately.

Normal wear and tear

Tyres, paintwork, and the interior are subject to natural wear. A hire company cannot charge you for:

• ordinary dirt and grime (that's just a car wash),
• normal tyre wear (provided you weren't driving recklessly),
• minor scuffs of a few millimetres (that's normal wear and tear).

Most rental agreements refer to "fair wear and tear" — if that wording is in your contract, you can rely on it.

Disputing the repair cost

Even if some damage genuinely existed, you can still challenge the cost of the repair. If you know local garages, you can:

• ask for a second quote from another garage,
• compare prices — if one garage quotes 2,000 PLN and another 500 PLN for the same job, a court will tend to favour the lower figure.

When to get a lawyer involved

Consider consulting a lawyer if:

• the charge involves a large sum (over 3,000 PLN),
• you have no evidence of your own, but the hire company's evidence is equally weak (just their word),
• you suspect deliberate practice by the hire company (e.g. charging multiple customers for pre-existing damage),
• a chargeback attempt with your bank has failed,
• you're considering court proceedings.

Common mistakes people make

1. No documentation at collection or return — the biggest mistake. Always take photos.
2. Signing the condition report without reading it — read it carefully; if it says "scratch on right-hand door" and you disagree, write "I do not agree" on the form.
3. No witnesses — if you were alone, it's harder to later prove the car's condition.
4. Ignoring the early messages — a text sent right after return saying "car handed back, no damage" becomes useful evidence of consistency later on.
5. Giving up too soon — many disputes are resolved at the complaint stage; don't let the hire company wear you down.

Frequently asked questions

Can I ask the hire company to show me the car before it's repaired?What if the hire company's photos are unclear?

Blurry photos can work in your favour ("you can't actually make out what this shows"), but they can also weaken your own defence if that's all you have. A few clear photos beat a dozen blurry ones. Remember: a court is looking for certainty, not guesswork.

Can I claim compensation for stress and inconvenience?

Formally, yes (under Article 471 KC), but a court will want concrete evidence (sick notes, extra costs incurred, and so on). In practice, it's usually more effective to focus on recovering the repair charge itself rather than pursuing a stress claim.

Does my rental car insurance protect me against this kind of charge?

Partly — if your policy covers excess/deposit protection or disputed claims. Read your policy carefully. But even with insurance, if the hire company genuinely proves the damage with proper documentation, the insurer may still pay out to them.

How long do I have to raise an objection?

It depends on the contract, but the general rule is: the sooner, the better. Send your complaint within 14 days of being charged. After that you can still challenge it, but it becomes harder, as the hire company may argue you failed to object "within a reasonable time".

Content last reviewed: 26 June 2026.

Related articles: - Card charged after returning the hire car — when can you claim your money back? - No return condition report — can the hire company still charge you for damage later? - Car hire company kept your deposit — what to do, step by step - Checklist: what to do in the first 24 hours after an unfair charge from a company