Car Hire and Damage Waiver Crisis!

GabbaGabbaHey

rose28454 wrote:

When my husband had driven back through the market place he followed another car out which paid for a ticket at the machine and as he had not parked he presumed he did not have to pay. However as he drove out a parking bollard came up out of the ground and pierced the engine of the car. He said it actually lifted the car off the ground. When he got out there was oil all over the ground and the bollard was stuck into the underside of the car.

I don't know about Durham, and specifically how well signed the bollards are, but in Cambridge (where there are also rising bollards) you would be deemed responsible for any damage you may have caused to the bollard mechanism itself.

Your husband might also be charged with Driving Without Due Care And Attention or even Dangerous Driving.

rose28454

Hi
Thanks For Your Replies. Unfortunately I Cant Seem To Watch The Video Posted. However The Issue Is Not That My Hubby Drove Over The Bollard Which He Obviously Did But That There Is Nothing In The Contract Regarding How You Drive The Car. Regarding The Comment Re Damage To The Bollard It Went Back Into The Ground And We Have Not Heard From Durham Council I Am Presuming That No Damage Was Done. I Have Investigated Previous Incidents Regarding This Particular Bollard And Could Not Find Any Incidents When The Council Sought Compensation From Anyone. I Am Seeing A Solicitor Tommorow To Prepare Our Defence To The Court Claim And Am Confident That The Court Will Find In Our Favour. The Whole Issue Is That We Paid For Extra Cover For Damage So I Am Sure They Are Just Trying It On.
Anyway I Am Not Letting It Get Me Down As We Have Had A Bad Year And Things Are Getting Back On Track ( Hubby Recovering From His Breakdown And Back To Work Soon, Son In New York Working For United Nations For 3 Months!, Daughter Doing Really Well In Her Job, E-bay Business Picking Up Etc) So I Will Not Let Them Grind Me Down. If They Do Win They Will Have To Wait A Long Time For Their Money As We Dont Have Any!!
Thanks For Everyone's Good Advice

prs24

The BVRLA code of conduct is binding on their members. The top of page 11 states that :-

"The Member shall always specify the limit and any mandatory responsibility
level of his liability for damage to, or loss of, the rented vehicle and this should
be clearly specified in the Rental Agreement."

If they charge you more than the excess on the contract, and the excess has to be clearly specified they are in breach of the code of conduct. They can't charge you more than the full excess.

rose28454

Thanks for that. I have sent my defence form back to the court and was just about to send off a form to the BVRLA so I think I will mention that paragraph.

real1314

Don't know if there's been anything about this outside manchester but apparently there's an issue with whether these type of bollards should be able to rise when a car is above them.

have a look at this report: http://www.manchestereveningnews.co.uk/news/s/228/228029_carspike_bollards_break_safety_rules.html

myabe if you don't win this case you could start with the council?

rose28454

More News!! Firstly Enterprise Are Trying To Get Tesco To Reverse The Refund Of The £500 Excess They Took From My Credit Card Account. I Am Contesting This At Present. Secondly The Court Date Is 27.2.7. I Am Going With All Guns Blazing As There Is Nothing Written In The Rental Agreement About Negligence Or Damage To The Underside Or Top Of The Vehicle.
I Have Not Appointed A Solicitor But Am Going To Get More Advice From The Bvrla And Citizens Advice Before I Go. My Husband Is Not Well Enough To Attend.
I Beleive Enterprise Are In Breach Of Their Contract By Taking The £500 Excess And By Pursuing Us For This Money.
I Have Looked At The Manchester News Story And Will Also Look Into This A Bit Further.
I Am Not Letting It Get Me Down As I Am A Strong Person And Even If They Win I Will Appeal.
Thanks For Everyone's Concern
Happy New Year!!!

Bossyboots

Are you both named as defendants to the summons?

If your husband is on the summons and does not intend to attend court, it would be a good idea for you to obtain a doctor's certificate stating that.

mattymoo

Like Astoroth, I have worked in insurance for around 20 years, dealing with motor claims in the early 90's.

Comprehensive insurance will always cover negligent acts such as hitting another car, falling asleep at the wheel and crashing, hitting a bollard (rising or fixed) and any form of motoring accident.

One exclusion we did have but rarely enforced was "deliberate act" by the policyholder. One chap was threatened in his car at gun point (by someone outside the car) and to make his getaway he drove the vehicle through a substantial steel fence, damaging the car in the process. It was a deliberate act but in the circumstances we paid up.

I cannot see how deliberate act can apply here. Your husband was not aware of the presence of the rising bollard (strange town etc) and this is simply like not being aware of another vehicle when pulling out from a junction etc - it is still an accident.

The problem seems to stem from the fact that the hire car company are self insured for damage to their vehicles and have some peculiar clauses relating to underside damage and roof damage. Could these be argued to be unfair contract terms?

Underside damage is getting more and more common with damage to suspension caused by poorly maintained roads, objects in the road and speed humps.

Astaroth

Hey, aint been 20 years... didnt start working in insurance when I was 8 (though it does feel as if it has been that long at times) - slightly sad though as today found out that after all this time in insurance my next series of assignments are going to be in Private and Commercial Banking.

Mrs_pbradley936

Astaroth wrote:

Hey, aint been 20 years... didnt start working in insurance when I was 8 (though it does feel as if it has been that long at times) - slightly sad though as today found out that after all this time in insurance my next series of assignments are going to be in Private and Commercial Banking.

Just make sure you do not abandon us!