The trip to Tasmania did me well
2nd Tasmanian trip report at last!
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Not at thing was heard until nearly 4 years later, in November 2009, we got a nasty letter from Budget who we had rented the car off demanding that we send them a cheque for the replacement cost of their car, around $25,000.
Then in December we are served with a summons. They are suing us! I am totally freaked out as I only work part time and have a part pension which is being cut even further. What am I going to do?
I visit my solictor who says the way the contract fine print is written no one can't win. Try to negotiate. It would cost more that it is worth to fight it.
I check on the Australian Consumers Association (Choice) website. It acknowledges the problem and are trying to get the law changed, but says at the moment you can't win.
All looks lost.
Then I to top it off I get a case of the shingles!
I am a bit defiant and pigheaded! I decided to put my own defence together. From previous experience I made a quick visit to the Clerk of Courts to see what the procedures were.
The problem was that I believed I was covered by the rental companies insurance, and that there was an excess that I thought I had been shrewd by buying out.
No, this is not the case. You are liable for the full cost of the car. By paying the excess all I had done was cover the first $2,500 of damage, and was still liable for the remaining $25,000!
They also alledged that my partner was an unauthorised driver. We hadn't added her to the list on the contract as the attendant had said it wasn't necessary when we picked the car up. Next big mistake!
They also alledged that Toosh had sped and driven in a reckless manner which was simply not true.
If you are going to appear and defend at the hearing you are obliged to respond to the summons before (disclosure) so the complainant (the one suing you) can be prepared when they appear. You cannot present any new material at the hearing!
So I did this, then quite nervous, turned up at the court house. I could not see my case on the list so I enquired at the Clerk's desk. No not listed, upon further enquiry case withdrawn.
Wow they backed down! I had put together a technically perfect defence. It was not winning the argument. It was having every answered, including the sub questions, every 'T' crossed, and every 'I' dotted. Also, I included copies of any relevant reports, police and witness reports.
I also found in the contract that Toosh was automatically treated as an authorised driver as we had been in a relationship for over 2 years so a statutory declaration was included.
In other words as a friend in this area said, I made myself look like I was going to be a bigger 'pain in their arse' than was worth pursuing! That I had made myself look like I would not give up and would take them through the system until it would cost them more than it was worth.
Now, I am not telling you how to defend yourself and win. What I am really saying is don't get into this situation in the first place!
About rental car contracts and insurance cover and the excess..
The Consumer Association advises that for a 2 week trip do not buy out the excess. It is cheaper to buy travel insurance that will not only cover the loss on the vehicle with legal fees, but in our case would have covered the hospital fees, the replacement air fares etc. No, most peoples own car insurance does not cover this, check!
If you are a regular travel it is quite cheap to buy travel insurance on an annual basis.
Car Hire (Rental) Checklist:
- Buy Travel Insurance. Check first how it covers you in the event of an car accident (instead of buying out excess)
- Check Choice Website, Guide to low-risk car rental
- Check terms and conditions online before booking (can take some finding so here are the main ones!)
- Add all eligible drivers with you to the contract.
- Check your planned journey's road conditions (including off road, even with 4WD) are permissable
- Check body of car, including underneath, when taking possession (video and/or photograph)
For more photos go to:
http://picasaweb.google.com/OgBear/TasmanianTrips2006#
For a slideshow go to:
https://picasaweb.google.com/OgBear/TasmanianTrips2006#slideshow/
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