Crashed a Rental Car in Ohio After Reporting Bald Tires: Who Pays for the Damage

Attorney Answer

Start with the rental agreement and whatever coverage you bought from the company; their terms decide first. If you bought a damage waiver, it usually releases you except for listed exclusions, so ask which exclusion the company says applies. Without one, the law puts the burden on you to show the damage was not your fault, and your evidence is what you describe: you reported bald tires and failing traction, and the company told you to keep driving.

The agreement and the coverage. Ask for a copy of the rental agreement and of any damage waiver or coverage you bought at the counter, and ask the company in writing which term it relies on to bill you. If you paid for coverage, the company has to point to the provision that takes it away.

Who has to prove what. The Supreme Court of Ohio held in David v. Lose, 7 Ohio St.2d 97, 218 N.E.2d 442 (1966), that when property entrusted to someone comes back damaged, the owner makes its case by showing the arrangement, the delivery and the damaged return, and the person who had the property must then show the damage happened without their fault. That case involved a horse, not a car, but the rule is the same kind of arrangement, and it is why the details of your calls matter.

The car's condition. Ohio Rev. Code § 4513.02(A):

(A) No person shall drive or move, or cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person.

Telling a renter to keep driving a car reported to have bald tires and a warning light is evidence of what the company knew.

Consumer protection. A car rental is covered by Ohio's Consumer Sales Practices Act, which defines a consumer transaction as “a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible, to an individual for purposes that are primarily personal, family, or household” (Ohio Rev. Code § 1345.01(A)). Ohio Rev. Code § 1345.02(A):

(A) No supplier shall commit an unfair or deceptive act or practice in connection with a consumer transaction. Such an unfair or deceptive act or practice by a supplier violates this section whether it occurs before, during, or after the transaction.

And Ohio Rev. Code § 1345.03(A):

(A) No supplier shall commit an unconscionable act or practice in connection with a consumer transaction. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the transaction.

The remedies are in Ohio Rev. Code § 1345.09(A):

(A) Where the violation was an act prohibited by section 1345.02, 1345.03, or 1345.031 of the Revised Code, the consumer may, in an individual action, rescind the transaction or recover the consumer's actual economic damages plus an amount not exceeding five thousand dollars in noneconomic damages.

What you can do

1. Get the rental agreement and your coverage papers, and ask in writing which term the company relies on.

2. Write down the date and time of each call and what was said, and save your call log, texts and any photos of the tires or dashboard.

3. Ask the company in writing to keep the car and its tires as they are until the dispute is resolved.

4. Do not sign anything admitting fault or agree to pay until you have reviewed the terms. If it bills you, dispute the bill in writing.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. If the company sues you, the answer is due twenty-eight days after service under Ohio Civil Rule 12(A)(1). Ask about preserving the car now, before it is repaired or sold.