Damage to hire vehicle that I didn’t cause
Discussion
Hello, looking for a bit of advice please, particularly from someone with a legal background.
In January I hired a van for 24 hours to move house, from a nationwide rental company. They called me to say they couldn’t supply a normal van as it was now taken, but I could use their flexible car club instead which had an offer of £30 for 24 hours instead.
I had to go in to their branch and set-up an account, the sales person then showed me to the van and how to get the keys out of the glovebox, we did a quick check of the vehicle for damage and saw none, I couldn’t take a video as it was too dark, then I drove it away. I left it overnight somewhere it couldn’t be damaged, didn’t leave it unattended during the day, then dropped it back off 24 hours later. Again it was dark, so didn’t take video/pics.
Yesterday, nearly 4 weeks later, I received an email stating that there was damage to the vehicle, quite extensive to one side by the looks of things, asking me to assist in determining how and when it may have happened.
I feel like this is important, but the pictures are dated a week after I handed the vehicle back, so quite a long period between me giving it back and it potentially happening.
They asked me:
Did you notice any damage at the start of your hire? If so, did you happen to take any images or report the damage to Clubhouse?
We would be grateful if you could reply to this email within the next 2 working days, or it may result in the claim being raised against you.
I look forward to hearing from you.
Kind regards
I responded back with:
Hi,
When I collected the vehicle I was taken outside by an employee of the branch to show me what to do as it was my first time using the car club and neither of us spotted any damage to the vehicle.
When I handed the vehicle back it was in the same condition as I found it.
Best regards
Today I received this back:
We have reviewed your response.
Unfortunitely, as we don’t have evidence that this damage was pre-existing before your hire or that you have left the vehicle in the bay without damage, we have no other option but to hold you liable for the excess amount.
If you do not notify us at the start of your hire of any damage, we will assume that these is no damage to the vehicle, and any changes in condition to the vehicle subsequently noted become the responsibility of the hirer, in this instance, you.
We have reviewed the damage noted and do not consider that this damage could have been caused whilst parked in the bay after your rental ceased, due to the type and location of the damage on the vehicle. Therefore, this does mean that Car Club would hold you liable for the repair of the damage.
Kind regards,
What can I do to prove it wasn’t me? Surely it’s up to them to prove it happened whilst I had the vehicle not the other way round?
Thanks in advance
In January I hired a van for 24 hours to move house, from a nationwide rental company. They called me to say they couldn’t supply a normal van as it was now taken, but I could use their flexible car club instead which had an offer of £30 for 24 hours instead.
I had to go in to their branch and set-up an account, the sales person then showed me to the van and how to get the keys out of the glovebox, we did a quick check of the vehicle for damage and saw none, I couldn’t take a video as it was too dark, then I drove it away. I left it overnight somewhere it couldn’t be damaged, didn’t leave it unattended during the day, then dropped it back off 24 hours later. Again it was dark, so didn’t take video/pics.
Yesterday, nearly 4 weeks later, I received an email stating that there was damage to the vehicle, quite extensive to one side by the looks of things, asking me to assist in determining how and when it may have happened.
I feel like this is important, but the pictures are dated a week after I handed the vehicle back, so quite a long period between me giving it back and it potentially happening.
They asked me:
Did you notice any damage at the start of your hire? If so, did you happen to take any images or report the damage to Clubhouse?
- Did anything occur during your hire that may have resulted in the damages or was the vehicle left unattended at any time?
- Can you confirm that you checked the vehicle after your hire? If so did you note / report any damages?
We would be grateful if you could reply to this email within the next 2 working days, or it may result in the claim being raised against you.
I look forward to hearing from you.
Kind regards
I responded back with:
Hi,
When I collected the vehicle I was taken outside by an employee of the branch to show me what to do as it was my first time using the car club and neither of us spotted any damage to the vehicle.
When I handed the vehicle back it was in the same condition as I found it.
Best regards
Today I received this back:
We have reviewed your response.
Unfortunitely, as we don’t have evidence that this damage was pre-existing before your hire or that you have left the vehicle in the bay without damage, we have no other option but to hold you liable for the excess amount.
If you do not notify us at the start of your hire of any damage, we will assume that these is no damage to the vehicle, and any changes in condition to the vehicle subsequently noted become the responsibility of the hirer, in this instance, you.
We have reviewed the damage noted and do not consider that this damage could have been caused whilst parked in the bay after your rental ceased, due to the type and location of the damage on the vehicle. Therefore, this does mean that Car Club would hold you liable for the repair of the damage.
Kind regards,
What can I do to prove it wasn’t me? Surely it’s up to them to prove it happened whilst I had the vehicle not the other way round?
Thanks in advance
Edited by CS27 on Thursday 22 February 18:21
This shows the importance of taking pics at the time of collection and return. I think you are on the hook for the excess as you don't have any proof showing condition on return.
Has it been confirmed that the vehicle has been rented out subsequent to your use? Do they have any pics of the alleged damage when they collected it?
I get the feeling they will have an excess payment out of you and subsequent renters based on lack of evidence and make 1 insurance claim. If they were being fair they would make all renter's pay a share of the excess but they won't look a gift horse in the mouth.
Has it been confirmed that the vehicle has been rented out subsequent to your use? Do they have any pics of the alleged damage when they collected it?
I get the feeling they will have an excess payment out of you and subsequent renters based on lack of evidence and make 1 insurance claim. If they were being fair they would make all renter's pay a share of the excess but they won't look a gift horse in the mouth.
Alex Z said:
What’s the damage? Is there anything in their statement that it couldn’t have happened after being parked?
Damage all down one side of the vehicle. Well considering the vehicle is in a different place to where I left it and the pictures were taken a week after I gave it back then there is a huge window where the damage could have taken place.FMOB said:
This shows the importance of taking pics at the time of collection and return. I think you are on the hook for the excess as you don't have any proof showing condition on return.
Has it been confirmed that the vehicle has been rented out subsequent to your use? Do they have any pics of the alleged damage when they collected it?
I get the feeling they will have an excess payment out of you and subsequent renters based on lack of evidence and make 1 insurance claim. If they were being fair they would make all renter's pay a share of the excess but they won't look a gift horse in the mouth.
It was pitch black when collected and returned so pictures or video not possible. Has it been confirmed that the vehicle has been rented out subsequent to your use? Do they have any pics of the alleged damage when they collected it?
I get the feeling they will have an excess payment out of you and subsequent renters based on lack of evidence and make 1 insurance claim. If they were being fair they would make all renter's pay a share of the excess but they won't look a gift horse in the mouth.
It hasn’t been confirmed whether the vehicle was rent out after me and I’m not sure if they would disclose that to me.
They didn’t collect it, I dropped it back off and put the keys in the glovebox which is how the car club scheme works. The only pictures taken are from a week later which they have sent to me, the vehicle is in a different bay to where I parked it so it has been moved.
Surely it's absolutely incumbent on them to check the vehicle on return? They can't say a week later that it's damaged and must be your hire that caused the damage?
If they don't do the relevant checks then they can't claim anyone else damaged it, as it's been returned to their possession.
If they don't do the relevant checks then they can't claim anyone else damaged it, as it's been returned to their possession.
The van will have GPS tracking,
can you ask for the usage after it was returned.
What was your closing mileage, and the mileage when the photo was taken, If it is not the same how can they claim the damage was not caused when it was moved port hire.
Deny it was you and ask for further proof
can you ask for the usage after it was returned.
What was your closing mileage, and the mileage when the photo was taken, If it is not the same how can they claim the damage was not caused when it was moved port hire.
Deny it was you and ask for further proof
CoreyDog said:
Cancel the card? Perhaps you’ve lost it?
If they get the money first, you’ve got a fight on your hands, if they can’t get the money, the fight is on them.
Yep tell your CC company you lost the car and need a new one. If they get the money first, you’ve got a fight on your hands, if they can’t get the money, the fight is on them.
Sounds to me like the van hasn't been hired out since, but a staff member has borrowed it and damaged it and is now trying to look for a scapegoat.
Pica-Pica said:
Oceanrower said:
CS27 said:
It was pitch black when collected and returned so pictures or video not possible.
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