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Misled While Renting Van and Buying Additional Insurance
Comments
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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?
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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.0
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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?
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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
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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
2. did you ask the question on everything what is covered?0 -
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.0
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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
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
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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&c0 -
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.0
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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?
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.0
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