
What Happens If You Do not Return A Rental Car?
Nowadays, rental cars are being used for numerous purposes. However, with the rise in utility, the number of people not returning the rental car on time is also on the rise. Forgetting to return is a very common reason for this. There are also several other reasons for not returning it on time, such as theft, damage repairs, etc.
The car rental companies often charge the renter a penalty fee which adds up daily until the return. Now, you should also understand that it can get you into trouble and in some cases, the trouble may be too much to deal with.
However, the situation can get much worse if the car rental company accuses the renter of embezzlement. It will further lead to legal complications where you will need help from a professional.
In this blog, we will get you through the scenarios that can happen if you don’t return a rental car. We will also brief you on the ways to prevent accusations and available options if you do get into this situation.
What Reasons Can Be There For Not Returning The Car On Time?
You would be shocked to know that most people simply forget to return their cars. They forget the due date for return, making it one of the most common reasons. That is also the reason why companies tend to send reminders about the delay in return. The companies also do not mind the delay as they can charge daily late fees.
The problem arises when the company contacts the customer and does not get any response. That is when the delay is for more than a few days.
What Would Happen If You Do Not Return The Rental Car On Time?
There is no specific answer to this question, as it depends on the time of delay. The two situation includes
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Return within 24 hours of delay
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Return the car after too much delay
The “too long” time period also has a lot of variations, and the results will differ depending on the time period.
Return Within 24 Hours Of Delay
This situation is the easiest to handle as there is no “too much” delay in the return. In most cases, you will get away with just a late fee. Most car rental companies already have return policies in place, and you should read those carefully before proceeding with the rental process.
You should also be aware of the fact that prolonging the return can even lead to criminal charges.
Return After A Longer Delay
Usually, the car companies keep on charging a late fee until you return the rental car, up to a certain point. But, when the delay goes on for too long, which is usually after 5-7 days, then the real problem starts. The chances of the rental car user being charged with a felony also start rising.
The company would report the rental car to be stolen, which would create a complicated situation for the user.
After a long delay, the company would first try to initiate contact with you. That is to notify you of the delay in the return of the rental car. What’s even more important is to respond to that notification in due time, as not responding can even get you arrested.
The Different Felony Levels And What Level Can You Reach?
Let’s first start with the felony levels and the conviction at those levels.
Felony Level |
Amount Of Theft |
Conviction Period |
Class 2 |
$1, 000, 000 + |
1½ years in prison |
Class 3 |
$100, 000 - $999, 999 |
3 Years in prison |
Class 4 |
$20,000 - $99,999 |
6 Years in prison |
Class 5 |
$5,000 - $19,999 |
12 Years in prison |
Class 6 |
$2,000 - $4,999 |
24 Years in prison |
Now, the lowest level is class 6 of a felony, which is most common in the case of a delayed car rental return. However, you should know that it can go up to class 3 and in rare cases, it can even reach class 2 felony charges.
So, unless there is an emergency, notify the rental company about the delay unless you want to have felony charges on you. As doing so will make you a potential thief, even if you did not intend to.
What Can You Do If You Fail To Return A Rental Car?
We hope that you understand the situation in case of not returning the rental car on time. Now, let’s try to understand the possible actions you can take in that scenario. There are two main defences which are available to you.
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Lack of intent to steal: In this case, you can provide the argument of a personal emergency. It will showcase that you had no intention of stealing the car or keeping it beyond the agreement period.
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Establish that you had consent: Here, you need to demonstrate that you had prior permission from the car rental company to keep the vehicle. There can also be cases where there is an error in the rental agreement.
What Can You Do If You Are Accused Of Failing To Return A Rental Car?
As we already saw, failing to return a rental car on time can lead to charges of embezzlement. In this case, you would even need help from a lawyer. But, what if, even after returning the car on time, the company claims a late return? It can be a peculiar situation to deal with, especially when there are legal complications.
In such a situation, you should get in touch with a criminal defence attorney with relevant expertise. They are experts who know how to deal with different situations. An attorney will
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Try to get your penalties to be as low as possible
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Help to settle the matter fairly
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Protect you from the prosecution
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Ensure that your record is clean
Precautionary Steps To Avoid Accusation
There are some steps you can take which can help you in case the car rental company falsely accuses you. These steps include:
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Make sure that you get a receipt from the car rental company after returning the car. This will also ensure that even if the company levies additional charges, you can dispute those using the receipt.
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One more thing that you can do is take pictures of the rental car before leaving the parking lot. You should take pictures of the interior as well as the exterior of the car. These pictures can serve as evidence for the timely return, protecting you from false accusations.
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Another way to ensure that you have returned the rental car safe and sound is by asking the company to check their security footage at the time around your return.