Greetings,

Looking for an opinion on how I should handle this dispute with a
rental car agency (this is a large nationwide agency).  Here are the
details.

* Was given a rental vehicle for two days due to warranty work on my
truck.  I signed off on the contract that I did not want additional
damage insurance.

* Returned the vehicle to the car dealership on 5-6-04 (which is not
where the rental car originated).  Before leaving the keys I took a
quick walk around and found no damage.

* On 5-12 I received an overnighted letter stating there was damage to
the vehicle which I was responsible for.  The damage was a dent on the
passenger side front door and a scratch on the passenger side read
door.  On this letter is points out that by law "..the authorized
driver or his or her insurer has seventy-two hours from the RETURN of
the vehicle to notify the rental vehicle company that he or she wishes
to inspect the damaged vehicle".

* On 5-13 (obviously more then 72 hours later) I called the company to
setup a time to inspect the vehicle.  I was informed that since the 72
hour time frame had passed they had already repaired the vehicle and I
would be charged $435.20 for the damages.  Keep in mind I wasn't
informed until 5 days after I returned the vehicle that there was
damage.

* Since I was not able to view the damage in person they took digital
pictures which can be viewed here:
http://www.bydesyne.com/images/ENT-1.jpg
http://www.bydesyne.com/images/ENT-2.jpg
http://www.bydesyne.com/images/ENT-3.jpg

One thing I noticed is that these pictures were not taken at the place
I returned the vehicle (the dealership) but instead appears to be the
rental office which is 10+ miles away.  In addition none of the
pictures show an apparent dent and the depth of the scratches aren't
very clear.

My dispute is that the pictures were taken 10+ miles from the dropoff
point - which means that the damage could have occurred when the
rental company drove the vehicle from the dealership to their office. 
In addition, it would seem that the rental car company purposely let
the 72 hour time frame pass so I would not be able to view the car. 
Ironically the repair shop and the car rental company are in the same
complex and most likely owned by the people (unproven at this point
and probably not relevant).

Since it is my intention to dispute the damages, the rental car
company will most likely charge the damages to my credit card.  I have
two questions:

1 - Since the proof of damage was not taken at the point were I left
the vehicle (nor is the proof very clear), do I have a legal case?

2- If so, what would be the best course of action?

   a - Call the credit card company and reverse the charge made by the
rental company (they have already agreed they would do this after
explaining the situation).  Take the chance the the company would take
me to court for the damage amount + lawyer fees.

   b - I would not reverse the charge but instead take the car rental
company to small claims and follow the process from there.

I have tried searching for some type of related situation but no luck.
 Even if a clear cut answer cannot be found, I would be happy with a
similar legal reference or precedent.

Thanks in advance!
Jason

Call the credit card company and reverse the charge 
this is the least painful way to deal with this, and usually they will
drop the charges. I had a similar case with a company, and this is how
I was able to back out.

you need a lawyer..but let the credit card company fight it for you initially.