Misled While Renting Van and Buying Additional Insurance

justanotherguy2

thanks for the replys guys, the main thing i was misled on and the crux of the issue is that i was told the excess would cover any and all damage to the vehicle, otherwise i would not have rented the van due to my lack of experience driving any kind of van let alone a moving van. I thought being insured on a vehicle meant even if the damage is your fault the insurance still covers it. I have someone that was with me while renting the van that could testify to my claim also. is this worth fighting?

DullGreyGuy

Keep_pedalling said:

Most van hire insurance does not cover damage caused by driver negligence such as this or driving through flood water. If the 3rd party (owners of the car park) have made a claim against the hire companies insurers you may find that being passed on to you as well.

Yes it does cover negligence, it doesn't cover reckless behaviour (in the case of Enterprise, or there are explicit exceptions which some include height restriction damages). A normal fender bender, clipping the neighbour whilst parking etc are all negligence and are covered by the insurance

Tucosalamanca

I frequently hire vans from Enterprise (amongst others).

An email is sent at the time of collection with a copy of the rental agreement and a link to the terms & conditions.

On your rental agreement, you signed for this 

Renter Acknowledgement of Charges
I acknowledge that I have reviewed and agree to all Estimated Renter Charges and fees listed on Summary of Charges and further agree to pay for final charges in accordance with the Additional Terms and Conditions of this Contract. 

The terms and conditions are clear as day.

7. Protection Products

(a) Damage Waiver (DW): 

....Renter agrees that DW does not exempt Renter from liability for .... any breach of sections 3, 4 and 5 of this Rental Agreement....

Section 3.(c).
(xiii) in a careless or reckless manner;
(xv) to drive under a barrier lower than the overhead clearance of the Vehicle;


You accepted t&c that were readily available for you to view and you breached at least two of the conditions.

I'm struggling to see why you're not liable and why Enterprise should pick up the bill for negligence?

justanotherguy2

Tucosalamanca said:

I frequently hire vans from Enterprise (amongst others).

An email is sent at the time of collection with a copy of the rental agreement and a link to the terms & conditions.

On your rental agreement, you signed for this 

Renter Acknowledgement of Charges
I acknowledge that I have reviewed and agree to all Estimated Renter Charges and fees listed on Summary of Charges and further agree to pay for final charges in accordance with the Additional Terms and Conditions of this Contract. 

The terms and conditions are clear as day.

7. Protection Products

(a) Damage Waiver (DW): 

....Renter agrees that DW does not exempt Renter from liability for .... any breach of sections 3, 4 and 5 of this Rental Agreement....

Section 3.(c).
(xiii) in a careless or reckless manner;
(xv) to drive under a barrier lower than the overhead clearance of the Vehicle;


You accepted t&c that were readily available for you to view and you breached at least two of the conditions.

I'm struggling to see why you're not liable and why Enterprise should pick up the bill for negligence?

because i believe it is misleading to be told one thing and then when you look at the small print it says something different

cw8825

justanotherguy2 said:

Tucosalamanca said:

I frequently hire vans from Enterprise (amongst others).

An email is sent at the time of collection with a copy of the rental agreement and a link to the terms & conditions.

On your rental agreement, you signed for this 

Renter Acknowledgement of Charges
I acknowledge that I have reviewed and agree to all Estimated Renter Charges and fees listed on Summary of Charges and further agree to pay for final charges in accordance with the Additional Terms and Conditions of this Contract. 

The terms and conditions are clear as day.

7. Protection Products

(a) Damage Waiver (DW): 

....Renter agrees that DW does not exempt Renter from liability for .... any breach of sections 3, 4 and 5 of this Rental Agreement....

Section 3.(c).
(xiii) in a careless or reckless manner;
(xv) to drive under a barrier lower than the overhead clearance of the Vehicle;


You accepted t&c that were readily available for you to view and you breached at least two of the conditions.

I'm struggling to see why you're not liable and why Enterprise should pick up the bill for negligence?

because i believe it is misleading to be told one thing and then when you look at the small print it says something different

1. what were you told specifically?
2. did you ask the question on everything what is covered?

user1977

DullGreyGuy said:

Keep_pedalling said:

Most van hire insurance does not cover damage caused by driver negligence such as this or driving through flood water. If the 3rd party (owners of the car park) have made a claim against the hire companies insurers you may find that being passed on to you as well.

A normal fender bender, clipping the neighbour whilst parking etc are all negligence and are covered by the insurance

Aren't they all "careless" and excluded from the insurance? The quoted wording appears to exclude anything which is actually the fault of the driver.

justanotherguy2

cw8825 said:

justanotherguy2 said:

Tucosalamanca said:

I frequently hire vans from Enterprise (amongst others).

An email is sent at the time of collection with a copy of the rental agreement and a link to the terms & conditions.

On your rental agreement, you signed for this 

Renter Acknowledgement of Charges
I acknowledge that I have reviewed and agree to all Estimated Renter Charges and fees listed on Summary of Charges and further agree to pay for final charges in accordance with the Additional Terms and Conditions of this Contract. 

The terms and conditions are clear as day.

7. Protection Products

(a) Damage Waiver (DW): 

....Renter agrees that DW does not exempt Renter from liability for .... any breach of sections 3, 4 and 5 of this Rental Agreement....

Section 3.(c).
(xiii) in a careless or reckless manner;
(xv) to drive under a barrier lower than the overhead clearance of the Vehicle;


You accepted t&c that were readily available for you to view and you breached at least two of the conditions.

I'm struggling to see why you're not liable and why Enterprise should pick up the bill for negligence?

because i believe it is misleading to be told one thing and then when you look at the small print it says something different

1. what were you told specifically?
2. did you ask the question on everything what is covered?

yes so i specifically asked does this cover me for any and all damage to the vehicle and was told yes

Tucosalamanca

If you could just pay CDW and have no further responsibility, imagine how the vans would be returned on a daily basis.
People would pay the fee and then proceed to trash them, knowing that their liability was limited to £250

It appears that you've misunderstood how hire companies and insurance work.

CDW reduces your liability, providing that you follow the t&c

Herzlos

You could argue that you were told everything was covered and that you weren't given adequate time to read and digest the contract, but you'll have no proof of what was told verbally and they have a contract you signed to indicate agreement.

In the same vane, you could argue that you weren't told the height and there was no indication of the height inside the vehicle, but you can't prove either and I'm not sure it'd pass a reasonableness test given a box van is notably tall so the reasonable average person would at least query how tall the van is when reaching a height barrier especially if it's really low. For example, hitting a 3.1m barrier in a 3.2m van might be understandable, but hitting a 2.0m barrier in the same 3.2m van is stretching credibility a bit.

So I don't think you've got much chance fighting it, but given the figures involved it's definitely worth asking a few solicitors specializing in motoring and/or contracts. Your home or car insurance may already cover if you have legal cover.

Mildly_Miffed

justanotherguy2 said:

thanks for the replys guys, the main thing i was misled on and the crux of the issue is that i was told the excess would cover any and all damage to the vehicle, otherwise i would not have rented the van due to my lack of experience driving any kind of van let alone a moving van. I thought being insured on a vehicle meant even if the damage is your fault the insurance still covers it. I have someone that was with me while renting the van that could testify to my claim also. is this worth fighting?

I presume this "someone" is not a disinterested bystander, but a party connected with you?

As such, their testimony would be taken with a grain of salt.

Ultimately, the paper Ts & Cs will always take precedence over a verbal precis of them - especially if that precis is disputed.