Carsharing has long become a familiar part of urban life. You open the app, find the nearest car, drive to your destination, and end the rental. From the outside, everything looks as simple as possible. However, in practice, one oversight can lead to months of litigation and serious financial losses.
A recent court case clearly confirms this. One user ended the car rental, after which the next client found the car without wheels and with missing expensive parts. The carsharing company made claims against the previous renter.
The man claimed that he left the car in perfect working order and had nothing to do with what happened. However, the court supported the service's position. The reason was simple: after the trip ended, the user did not take photos of the car's condition.
According to the terms of the offer, responsibility for the car until the moment of documented confirmation of its condition lies with the last renter. Since there were no photos, the driver could not prove his case. As a result, bailiffs debited about 1.5 million rubles from his account. Moreover, the main part of this amount was not the cost of the stolen parts, but penalties and charges for car downtime, as stipulated in the contract.
What penalties are provided in carsharing
Most services detail user responsibility for almost any violation in their offer. The size of some fines can be unpleasantly surprising.
For example:
- a fine of 150 thousand rubles may be provided for dangerous driving or intentional skidding of the car;
- violations are recorded not only by company employees, but also by car telematics, which analyzes accelerations, overloads, and driving characteristics.
Other situations also occur. One user, when changing lanes before an intersection, sharply cut into the adjacent lane. The maneuver was recorded by another car's dashcam, after which the recording was sent to the carsharing support service.
The result was account blocking and freezing of 50 thousand rubles on the bank card. The basis was the qualification of the actions as dangerous driving and the video recording provided by a third party.
Even if it's not your fault
It is not always possible to avoid financial claims even when the accident was not the renter's fault.
One user stopped at a red light, after which a taxi crashed into his car from behind. The second driver immediately admitted his guilt, and the renter, following the service's instructions, reported the incident through the app.
Despite the obvious circumstances of the accident, a large sum was debited from the bank card immediately after the appeal.
The reason again lay in the terms of the offer. The document states that the renter is responsible for any damage to the car throughout the entire rental period, regardless of the circumstances of their occurrence. The question of who is at fault for the accident can be considered separately, but funds may be debited immediately.
It is possible to get the money back, but for this, the user has to independently seek a review of the decision - send a claim, go to court, or protect their rights through Rospotrebnadzor. Such a mechanism exists, but it requires time and additional effort.
One block - for several services at once
Several years ago, the largest carsharing companies began exchanging information about violators.
This means that blocking in one service can automatically lead to restricted access in other applications. Depending on the circumstances, the ban can last for a long time or become permanent.
In fact, a single reputation history is formed for the user, which is taken into account by several short-term car rental operators at once.
Why courts side with companies
The main reason for such decisions lies in the offer itself, which the user accepts upon registration.
This document defines:
- renter's obligations;
- procedure for receiving and returning the car;
- photo fixation rules;
- fine amounts;
- liability distribution procedure.
Most clients do not read the entire agreement. However, in case of a dispute, its provisions become the main evidence in court.
If the contract obliges the user to photograph the car before ending the rental, and there are no photos, the lack of evidence usually works against the renter.
What actions really help avoid problems
It is impossible to completely eliminate the risk of disputes, but a few simple habits can significantly increase the chances of defending your position.
Before starting the rental, it is recommended to:
- photograph the car from all sides;
- separately capture all existing damage in close-up;
- if necessary, use a smartphone flashlight if the lighting is insufficient.
It is equally important to repeat the same photo fixation after the trip ends. It was the absence of photos after the rental ended that became one of the key reasons for the recovery of 1.5 million rubles in the described court case.
If an accident occurred during operation, a scratch appeared, a strange noise arose, or any other suspicious circumstance, it is advisable to immediately:
- record a video of what is happening;
- describe the situation in detail in the application;
- save all materials until the investigation is fully completed.
The more objective evidence the user has, the more difficult it is to subsequently shift responsibility to them for events they are not involved in.
Carsharing indeed remains one of the most convenient ways to get around the city. However, it is necessary to remember that the terms of the offer primarily protect the interests of the service, not the client.
Sometimes the difference between a regular trip costing several hundred rubles and multi-million financial claims comes down to a few minutes spent on a thorough inspection of the car and two dozen photos before ending the rental.