Car rental damaged by another renter

[Flashback]

Fortunately it happened while my folks were in the car.......... and I suspect I know the answer here, but does anyone have experience with how damage is dealt with if you weren't the person to cause it?

I suspect, that without a standalone policy (which is what I always have) or paying for the rental car company policy (which they don't have, as you either do the former, or just self insure) - even though they have details of the person who did, etc. I suspect that as the owner of the rental contract it'll be enforced against them?

A car rocked up against them and opened their Hertz rental car door into my folks rental (Budget).


They got the chaps details, and took a photo of his car and number plate. No Police report logged (I have suggested they do), but the form in the vehicle says Police report is only required if someone is hurt. Of course, if you're going the insurance route then it's a mandatory requirement in my experience.

Thoughts?

 

[Forg]

NSW police don’t want you filing a police report unless someone is hurt, unsure whether they’d even refuse to do it. We’ve had two not-at-fault claims over the last decade, unrelated to rentals, and no police report required (or desired).

If they have contact details, that should be enough, IMHO.

 

[Flashback]

NSW police don’t want you filing a police report unless someone is hurt, unsure whether they’d even refuse to do it. We’ve had two not-at-fault claims over the last decade, unrelated to rentals, and no police report required (or desired).

If they have contact details, that should be enough, IMHO.

Mrs FB lost some sunglasses at the beach in PER a few months ago, a Police report was required before insurance was claim. It can all be done online, they rarely get looked at I would suggest anyway. Foreign renters, in a foreign country, with damage by another set of foreigners ......... I'd suggest it's worth the 5 mins to get a report reference number?

As this thread is closed, I wonder what outcome @JohnM had?

Thread 'Damaged rental car - obtaining statement for insurance claim?'

Nov 3, 2013

On a recent trip to Italy, I rented a car from Avis at FCO.

Part way through the trip, not too far from Milan, I struck an object, blew a tyre and caused some paintwork scratches. As the vehicle had no spare wheel (only a repair kit that was useless for a sidewall-damaged tyre :evil, the vehicle was towed away and I took a taxi to MXP to collect a replacement at MXP. Avis said they would refund up to 60Euro of such a taxi fare on presentation of the receipt.

Upon return to FCO, I was billed about 400Euro more than the quoted price. I fully expected extra charges but they were not...

• JohnM
• Replies: 5
• Forum: Open Discussion

 

[dajop]

What happened to me for not at fault damage was they immediately took my excess then refunded it 14 months later after they had fully recovered the repair cost from the (uninsured) driver who had rear ended me. My rental insurance policy (separate) wouldn’t cover it unless the uninsured didn’t pay it up, in which case I could have submitted another claim upon confirmation by the rental car company.

 

[Flashback]

What happened to me for not at fault damage was they immediately took my excess then refunded it 14 months later after they had fully recovered the repair cost from the (uninsured) driver who had rear ended me. My rental insurance policy (separate) wouldn’t cover it unless the uninsured didn’t pay it up, in which case I could have submitted another claim upon confirmation by the rental car company.

So in this case, with no standalone policy and having not opted for taking out Budget's, I suspect they'll get lumped with the cost and have to either suck it up or try follow up offline with this German chap; which is what I expected it to be.

What is interesting in most cases is the car company charges for the damage to be repaired, but then never actually repairs it (hence why we always get pre-damage reports when we pickup vehicles..........).

 

[Forg]

They didn’t use a credit card to rent did they?
I once tried to knock our hotel down by running a mini-van into it, and the credit card company did Stuff so there was no cost to me.

 

[Flashback]

They didn’t use a credit card to rent did they?
I once tried to knock our hotel down by running a mini-van into it, and the credit card company did Stuff so there was no cost to me.

Nope, retired so only have their UBank (debit) card.

I've told them to put $3k on it for if/when the excess if debited.

From the contract:
Collision Damage Waiver (CDW), includes Theft Protection
Excess for passenger cars o ISK 250.000

3. During the Rental
3.1. It is the renter’s responsibility to ensure the vehicle is treated and driven carefully and responsibly. Only
the renter and any registered additional driver, that meet the terms in Article 2, are authorised to drive the
vehicle. The renter is liable for all damages to a third party or their property which is not covered by a
mandatory third-party liability insurance according to Icelandic law.
3.2. In case of a collision or an accident, the renter must immediately notify the appropriate police authorities
as well as the rental company. The driver must not leave the scene of the accident until he has notified
the rental company and / or authorities and he must fill out a damage report form describing the incident.
If another party is involved, they should contribute and sign on the damage report form. If the renter fails
to report damage incurred during his rental, he is liable for any cost resulting from the accident. If the
renter requires a replacement vehicle, the rental company will make every effort to provide one once
damage on the previous vehicle is fully processed. This, however, is no guarantee for the replacement
vehicle and the rental company reserves the right to refuse a replacement vehicle or a vehicle in the same
category as the damaged one, including but not limited to incidents when the collision or accident is
caused by the reckless driving of the renter or additional driver, the renter refuses to pay for damage or
refuses to sign necessary reports.

I'll read up on third party liability/insurance, as they may be able to persue that avenue also.

 

[Flashback]

TPL is mandatory in Iceland, so hopefully Avis (not Budget, sorry) will be able to pursue that route and then eventually refund the excess payment back to my folks.

In any case, I've reviewed their TI (with RAC) and this seems to (at my reading of it?) cover the excess payment they'll have to make, anyway? I was surprised to see any form of coverage for rental cars in there! In the UK, I have a full policy for car rental on my AMEX Platinum card which is v. good. I'm not aware of many UK based TI policies having any car rental coverage. This is, of course, assuming my interpretation of the below is correct...........

8A The Rental Vehicle insurance excess or where the cost of repairs do not exceed the Rental Vehicle insurance excess, if You rent a vehicle from a registered motor vehicle rental company with whom You have a binding legal agreement, and it is involved in an Accident or stolen whilst in Your control and You are legally liable to pay an excess under the insurance policy for the Rental Vehicle. This includes payments that You are responsible for under the terms of Your Rental Vehicle agreement following accidental damage to windscreens and tyres.
This cover does not replace Rental Vehicle insurance and only provides cover for the excess component up to the applicable benefit limit stated on Your policy. We will cover drivers accepted by the rental company and listed on Your Rental Vehicle agreement.
The maximum benefit for this entire section is:
Type of policy Limit per Adult
Comprehensive $8,000
Essentials $4,000
Medical Only Not Applicable
Annual Multi-Trip plan $8,000
Comprehensive Domestic $5,000
Rental Vehicle Excess plan $Limit chosen

Section 8: Exclusions
We will not cover You for Your claim for Rental Vehicle Excess that is for, related to or as a result of:
8.1 Any costs You become liable for if the Rental Vehicle agreement does not include comprehensive insurance with an applicable Excess.
8.2 Any loss or damage arising from the operation of the Rental Vehicle in violation of the terms and conditions of the Rental Vehicle agreement or loss or damage which occurs beyond the limits of any public roadway.
8.3 Any loss or damage arising from the operation of the Rental Vehicle while affected by alcohol or any other drug in a way that is against the law of the place You are in.
8.4 Any loss or damage that falls outside of Your Rental Vehicle insurance Excess.
8.5 All General Exclusions on pages 39-41 apply to this section as well.

They're going to drop by the office in Reykjavik on Friday when they get back there, rather than try to deal with it on Saturday when they drop the car off at the airport before their (early) flight, so all will likely be revealed then in any case.

 

[MEL_Traveller]

Nope, retired so only have their UBank (debit) card.

I've told them to put $3k on it for if/when the excess if debited.

From the contract:
Collision Damage Waiver (CDW), includes Theft Protection
Excess for passenger cars o ISK 250.000

3. During the Rental
3.1. It is the renter’s responsibility to ensure the vehicle is treated and driven carefully and responsibly. Only
the renter and any registered additional driver, that meet the terms in Article 2, are authorised to drive the
vehicle. The renter is liable for all damages to a third party or their property which is not covered by a
mandatory third-party liability insurance according to Icelandic law.
3.2. In case of a collision or an accident, the renter must immediately notify the appropriate police authorities
as well as the rental company. The driver must not leave the scene of the accident until he has notified
the rental company and / or authorities and he must fill out a damage report form describing the incident.
If another party is involved, they should contribute and sign on the damage report form. If the renter fails
to report damage incurred during his rental, he is liable for any cost resulting from the accident. If the
renter requires a replacement vehicle, the rental company will make every effort to provide one once
damage on the previous vehicle is fully processed. This, however, is no guarantee for the replacement
vehicle and the rental company reserves the right to refuse a replacement vehicle or a vehicle in the same
category as the damaged one, including but not limited to incidents when the collision or accident is
caused by the reckless driving of the renter or additional driver, the renter refuses to pay for damage or
refuses to sign necessary reports.

I'll read up on third party liability/insurance, as they may be able to persue that avenue also.

I’d be interested to see the definition of ‘accident’, because in my mind it would be something more serious than just a door opening.

However, I guess the advice in the policy is sound. If they had stayed at the scene and called the rental company, the company could have advised what details they required from the other driver, etc. And what steps to take.

I wouldn’t have thought to do that! But I will in future (touch wood!)

 

[Flashback]

I’d be interested to see the definition of ‘accident’, because in my mind it would be something more serious than just a door opening.

However, I guess the advice in the policy is sound. If they had stayed at the scene and called the rental company, the company could have advised what details they required from the other driver, etc. And what steps to take.

I wouldn’t have thought to do that! But I will in future (touch wood!)

Unfortunately no phone number to call in case of accident, only for reservations and breakdown assistance.

In any case, hopefully it'll all work out in the end - should know more on Friday. They've done all they can and it was all completely out of their control! The silver lining was that they were in the car at the time it happened.

 

[markis10]

Important question, where did it happen?

In Australia terms and conditions of rentals have been overridden by consumer law enforcement by the ACCC, with regard to contract fairness . Where there is damage to a car and the other party can be identified that is at fault, the renter should be refunded once confirmation of liability is received.

The new code of conduct effective from last month confirms this:



Previously quite a few companies charged the excess regardless of who was at fault.

 

[Flashback]

Important question, where did it happen?

In Australia terms and conditions of rentals have been overridden by consumer law enforcement by the ACCC, with regard to contract fairness . Where there is damage to a car and the other party can be identified that is at fault, the renter should be refunded once confirmation of liability is received.

The new code of conduct effective from last month confirms this:

View attachment 443677

Previously quite a few companies charged the excess regardless of who was at fault.

Iceland and the rental was made via BA Holidays in the UK.