Rental van damage, prep for legal action?

imorgan

Hello all.

I've recently damaged a large transit rental van by misjudging the turning circle and catching the side of the van on the corner of a stationary object. The damage was obvious and will require some body work to remove the dents and respray the paint in that area. I'm not a confident driver of large vehicles and had said as much to the rental place, having asked for a much smaller van but the larger one was all they had available. Before taking the vehicle their sales rep advised I pay extra to reduce my liability should anything happen, which thankfully I did. 

Upon returning the vehicle I directed them to the damage and explained how it happened, they said I'd lose my deposit as well as the amount needed to make it up to my excess which totaled about £350. I agreed and thought that would be the end of it.

I've since been receiving emails from the rental company regarding the damage and the tone and wording has put me on edge. I'm a little concerned they're lining me up for additional charges and I'm wondering if I should be preparing myself for a legal battle and what I should be asking for and documenting to put myself in the best position to fight unfair charges. I've seen a similar post were another user was requested to pay £13K for damages and I'm terrified I'll be in a similar situation as that sort of charge would bankrupt me.

Anyone been in a similar position? any advice?

Okell

imorgan said:

... Before taking the vehicle their sales rep advised I pay extra to reduce my liability should anything happen, which thankfully I did...

So to what amount did you limit your liabilty?

The problem with damaging hire vehicles is that you can be liable for their loss of profit while the vehicle is off the road being repaired and can't be hired out.

teaselMay

If you paid the I forget what it's called but the £25 ish to reduce the excess to £350 you shouldn't have to pay more than that £350

imorgan

Okell said:

imorgan said:

... Before taking the vehicle their sales rep advised I pay extra to reduce my liability should anything happen, which thankfully I did...

So to what amount did you limit your liabilty?

The problem with damaging hire vehicles is that you can be liable for their loss of profit while the vehicle is off the road being repaired and can't be hired out.

I thought it was £350 based on the what the rep said and why I paid extra for that when I hired the van, however I've not been able to get their "Damage Recovery Unit" to confirm this.

It does feel like being mis-sold a product if it's being presented as "you'll only pay x if you damage the vehicle" when in fact they intend on charging you y and z on top.

If they go down the route of lost profits whilst the vehicle is off the road surely they need to show that the damage meant the vehicle couldn't legally be used and there was business for that vehicle that was missed, you can't have 3 other van vacant on their lot and claim lost income on work that never existed.

Aylesbury_Duck

I wonder if it's simply that their "damage recovery unit" has no sight of your rental agreement and just assess and quantify the damage, leaving the main office to then apply the excess which will limit your liability?

What does the paperwork say about the insurance they sold you and how and when it's applied?  

Lorian

You should have been issued a copy of the hire contract. Is this a national company?

imorgan

Aylesbury_Duck said:

I wonder if it's simply that their "damage recovery unit" has no sight of your rental agreement and just assess and quantify the damage, leaving the main office to then apply the excess which will limit your liability?

What does the paperwork say about the insurance they sold you and how and when it's applied?  

They definitely do as I asked that department for a copy of it and they sent me it with my signature.

Reading through the terms it's not clear how the "damage waiver" works, in the section about the "damage waiver" it say that it "reduces the Renter’s liability for damage to and loss or theft of the Vehicle during the Rental Period to an excess fee for each incident" however there is a section later on in the agreement that states:

 "Renter is liable for the following costs, charges and other damages (as may be reduced due to the purchase of any protection products as set out under section 6, and provided this does not result in Owner being compensated twice for the same loss)...

(ii)To the extent that any repair does not fully restore the value of the Vehicle, a reasonable sum for the diminishment of value as determined by an independent motor engineer or by any other relevant independent service provider;

(iii) In the event that the total estimated repair cost is greater than the value of the Vehicle minus the salvage value, an estimate of the retail value of the Vehicle immediately prior to the damage, as independently verified, less the salvage value;

(iv) Owner's loss of revenue at the daily rate indicated on the Rental Agreement Summary based on Owner's number of lost rental days, not to exceed 30 days, provided this does not result in Owner being compensated twice for the same loss;"

To my mind it is not clear in the agreement what exactly the damage waiver covers, and that the selling of it by the company representatives makes it seem like that the £350 is all you'll pay in the case of damage, accident or theft, but the small print in the contract potentially allows for additional charges that are not explained as caveats to the waiver by the company rep or clearly indicated in the agreement.

imorgan

Lorian said:

You should have been issued a copy of the hire contract. Is this a national company?

Yes it's one of the larger chains.

user1977

imorgan said:

Aylesbury_Duck said:

I wonder if it's simply that their "damage recovery unit" has no sight of your rental agreement and just assess and quantify the damage, leaving the main office to then apply the excess which will limit your liability?

What does the paperwork say about the insurance they sold you and how and when it's applied?  

They definitely do as I asked that department for a copy of it and they sent me it with my signature.

Reading through the terms it's not clear how the "damage waiver" works, in the section about the "damage waiver" it say that it "reduces the Renter’s liability for damage to and loss or theft of the Vehicle during the Rental Period to an excess fee for each incident" however there is a section later on in the agreement that states:

 "Renter is liable for the following costs, charges and other damages (as may be reduced due to the purchase of any protection products as set out under section 6…

To my mind it is not clear in the agreement what exactly the damage waiver covers, and that the selling of it by the company representatives makes it seem like that the £350 is all you'll pay in the case of damage, accident or theft, but the small print in the contract potentially allows for additional charges that are not explained as caveats to the waiver by the company rep or clearly indicated in the agreement.

You’re overthinking the significance of “may”. They’re just covering the possibility of you not having the damage waiver.

imorgan

user1977 said:

imorgan said:

Aylesbury_Duck said:

I wonder if it's simply that their "damage recovery unit" has no sight of your rental agreement and just assess and quantify the damage, leaving the main office to then apply the excess which will limit your liability?

What does the paperwork say about the insurance they sold you and how and when it's applied?  

They definitely do as I asked that department for a copy of it and they sent me it with my signature.

Reading through the terms it's not clear how the "damage waiver" works, in the section about the "damage waiver" it say that it "reduces the Renter’s liability for damage to and loss or theft of the Vehicle during the Rental Period to an excess fee for each incident" however there is a section later on in the agreement that states:

 "Renter is liable for the following costs, charges and other damages (as may be reduced due to the purchase of any protection products as set out under section 6…

To my mind it is not clear in the agreement what exactly the damage waiver covers, and that the selling of it by the company representatives makes it seem like that the £350 is all you'll pay in the case of damage, accident or theft, but the small print in the contract potentially allows for additional charges that are not explained as caveats to the waiver by the company rep or clearly indicated in the agreement.

You’re overthinking the significance of “may”. They’re just covering the possibility of you not having the damage waiver.

I hope that is the case, however the fact their "Damage Recovery Unit" have failed to confirm that's all I'll pay does worry me, hence the post. Guess we'll see in the coming weeks.

HHarry

I think the ‘may’ just covers scenarios where you’ve been negligent.  Smash into a well signed 3m bridge when you’re in a well labelled 4m van is probably not covered.