Damage to motorhome while rented, Insurance questions

dotchas

Hi,
We hired a motorhome through Yescapa. On returning it it was pointed out that the awning had not been put back correctly. On further inspection the bar along the edge of the awning was slightly misshapen as a result.
It was our fault and we resigned ourselves to pay for its repair.
However today the owner has sent us a quote for over £1100! This is for a whole new awning. 
Yescapa provided insurance but the excess is £1300!
We have a standalone policy for excess on hired vehicles.
Question 1. The awning fabric had a tear in it before our rental and the lettering was worn away. Do we have to pay for betterment of their vehicle? (Landlord here, so this may not apply in this situation)
Question 2. Is there any way we can utilise our excess policy despite the damage being less than the excess?
Question 3. Can we expect the owner to shop around for the awning? I can find the same model 3 or £400 cheaper.

Thanks in advance for any help in this 🙏 

Grumpy_chap

Is the cheaper price you located for supply and fit, or supply only?

dotchas

Its a wind out canopy type awning and the quote just says part no etc and the price , no mention of fitting. 

huckster

Can you prove the awning had a tear in it when you first hired the vehicle ? E.g photo or inspection report confirmed this.

How old is the awning ?

Have you admitted liability in writing? 

If no admission of liability in writing, then I would suggest you deny liability and request proof.

If they issued a County Court claim against you, then you would have the chance of mediation, where you could look to negotiate reduced settlement to avoid CCJ being recorded, if you paid amount of settlement agreed.

Also what has the vehicle owner done to find out whether the bar to the awning can be straightened or just the bar replaced ? Before any Court claim, the party making claim has to take reasonable steps to mitigate loss.

Sounds like this is an attempt by the vehicle owner to take advantage of you to get a new awning.

Tucosalamanca

Speaking as a motorhome owner, I would expect to pay at least £1,100 for replacement (think the quote is spot on).
It's not just the cost of the awning itself. You have delivery costs, sundry items needed for a new installation, labour to fit (it's a good few hours work) and disposal costs of the old awning.
Repairs are often not feasible due to (un)availability of parts or the labour involved, which can often mean it's cheaper to replace rather than repair.

Your situation doesn't surprise me. I regularly attend festivals and often watch hire vans being damaged by folk who don't understand the nuances of motorhomes or how carefully they need to be treated.
Most owners learn this after their first few expensive mistakes (I've been there).

I have seriously considered buying a van to hire but having watched so many being damaged, I've given up on the idea, and would also never buy an ex-hire van.
Unfortunately, everything motorhome related costs £££ as you've found out.

Was there an option to pay for an excess waiver?

DullGreyGuy

You need to read the terms of your excess policy, many only cover cars or car based vans. Some policies will cover a below excess claim and others wont. 

Your odds aren't great but you may as well read the policy.

dotchas

We hired a motorhome recently and unfortunately did not rewind the awning properly. This resulted in the "bar" being twisted slightly.
The owners sent us a quote for £1100 for a complete new awning while a new bar would cost £195.
They are not happy with this part only being replaced as other issues may become apparent!
Now the motorhome and the awning are 5 years old. The awning had wear and tear present at the start of the hire. ( The logo was partially rubbed off and there was a tear in the fabric) 
Are they within their rights to request a complete unit "just in case?"
If they are do we have to pay for New for Old? 
If a tenant damages a piece of furniture the landlord can only claim for the cost minus wear and tear. Is this similar?
Any advice most welcome 🙂

DullGreyGuy

What you legally claim is the diminution in value however as this is hard to judge the courts instead accept the cost of repair as a fair proxy for the loss. 

If the bar alone can be replaced (no idea with these things) then the cost of the bar plus fitting would be the most reasonable settlement. 

bluelad1927

What has changed since your other post 4 weeks ago with the same query?

MSE_ForumTeam5

threads merged