Damage to a hired motorhome...help! (2 Viewers)

[FlashGordon]

Hi all,

Looking for some advice if possible regarding a motorhome we hired recently for a trip to France.

This was our first time hiring a motorhome and we decided to take it to France for 2 weeks (perhaps a case of running before you can walk). We chose to spend our first few nights stopping at aires, one of which was near the beach in the South. Unfortunately, following a pleasant day at the beach, we returned to the aire to find that someone had hit the side of our van, knocking out the bathroom window and damaging the bedroom window. Apparently nobody seen anything, however, we reported this immediately to the hire company and sent some pictures of the damage. The company asked if we needing anything, which we didn't as we had taped up the window and we continued with the holiday as normal, trying to forget the damage!

We returned last week and took the van back to the company. The member of staff had a look at the windows and agreed that there was no damage to the bodywork so it shouldn't be too expensive. We had paid a £750 damage deposit and the insurance has an excess of £1000.

I completely understand that they can keep the deposit and claim another £250 if necessary to cover the insurance excess, however, they are now claiming damage to the bodywork (there's a slight black mark no bigger than a match). They don't appear to be claiming on the insurance and have advised that we'll need to pay for the new windows, fitting, delivery, bodywork repair, transport to the garage and any time the motorhome is off the road. This could take around 8 weeks so we'd be looking at over £10,000!!!!

My understanding was that most we would ever need to pay is the £1000 excess i.e. our £750 deposit plus another £250. This is of course causing my wife and I some stress as we don't have that kind of money to throw around. Can they do this?

Thanks for your help.

 

[Ivory55]

Did you have cdw? Would that not cover it

 

[keithchesterfield2]

GET LEGAL ADVICE

And then when all is sorted let us know the Hire company......

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[M-J]

The insurance is there for a reason, pay the excess and tell them to piss off!

 

[Onemanandhisdog]

Cheeky buggers.

 

[rb62]

Without the exact details of the insurance policy it's difficult to comment but as others have said I think they are trying it on,or maybe they have found their insurance isn't what they thought it was!

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[Podney]

Did they offer you Collision Damage Waiver insurance? You say the “insurance” has a £1000 excess. If so,that’s your limit.
Did you decline to take out this insurance?
If so,is there a record of that in your contract?
As previously advised,if they don’t clarify for you,or if they want more money,go to a solicitor,or Citizens Advjce Bureau initially.

 

[FlashGordon]

Thank you. I think we'll need to get some legal advice. We were never offered a CDW specifically, we were just told that we were insured for damage or theft as per their terms and conditions and we signed and agreed to these conditions. Apparently they're a new company and we were the first (and probably last) to take it abroad!

This is what's written in their terms and conditions:

The Vehicle is insured for theft and damage to the Vehicle and the property of a third party; but does not include any personal insurance for the customer (including death or bodily injury to the driver) or cover any personal possessions. The vehicle insurance is arranged by ** The hire rate quoted includes a standard excess of GB £1000.00 per accident, reported incident or Vehicle theft. In the event of any damage to either the vehicle or third party property, the hirer will be liable for the first GB £1000.00 per claim. In the event of the theft of the Vehicle, the hirer will be liable for the full cost of the Vehicle; once a theft has been reported to both ** and the police, a claim will be lodged with the insurer. The keys must be returned to **. Should the insurer accept the claim and agrees to reimburse ** for the cost of the Vehicle, the liability to the hirer will reduce to the first GB £1000.00 of the claim (excess). Please note: if the keys are not returned to **, the insurer will not accept the claim and liability for the full cost of the vehicle will remain with the hirer.

You are aware that:

• The Vehicle is insured for damage to the Vehicle and the property of a third party; but does not include any personal insurance for the customer or their possessions
• Standard Insurance does not cover overhead damage. The hirer will be responsible for the cost to repair all damages
• You will have to pay an excess for any Insurance claim regardless of which party is at fault for the accident. The insurance excess is £1000.00 per claim, not per rental
• You will not have any insurance cover and you will be responsible for the total cost of any damage if you breach any of the terms of this Agreement
• You will be responsible for any damage caused through gross negligence

In the event of any accident, loss or damage arising out of the use of the vehicle, you will:

• Notify ** within 24hrs of the happening of the event
• Obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station
• Complete an accident claim form as supplied
• Not make any admission of liability to other parties, settlement offer or other like offer
• Assist ** in handling any claim arising from any event, including providing all relevant information and attending Court to give evidence if required.
• You acknowledge that the excess or other amount due by you in respect of any damage arising from an accident, loss or damage is payable at the time of reporting the event and not at the completion of the rental period, regardless of which party is at fault
• You will pay for any costs relating to the delivery of a change over vehicle as a result of an accident regardless of which party is at fault
• No security deposit or insurance excess will be refunded until claim is settled

 

[mikebeaches]

If it was an attempted forced entry, did the insurance cover require a police statement (which was possibly buried in the small print of the terms and conditions)?

Edit: my post coincided with yours above - and I note there is reference to a requirement for a police report - did you get a report?

Is the £10,000 indicated a typo on their part ie one to many zeros?

All sounds very unpleasant, in any case. Hope you can get it sorted without too much further grief.

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[Wildbill]

With all the hire cost the stress i would never ever hire i done it once years ago wasent worth the rip of charges and imagery damage.
it would have worked out cheaper to buy one then sell it on after the holiday
bill

 

[FlashGordon]

mikebeaches we didn't get a police report. When we called the company we explained that we didn't think it was forced entry as nothing was stolen (my laptop and phone were in there). It was also late at night and the middle of nowhere.

We asked them what we should do and they advised us to carry on as normal.

The £10,000 relates to the 'off-road' time for repair. They've advised possibly 8 weeks at a cost of £150 a day.

It's a real shame as we loved the experience - maybe look in to buying in future!

 

[M-J]

The off road time is not your responsibility and isn’t mentioned in the insurance t&c so it’s their problem if they are not covered for loss of earnings.

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[gus-lopez]

The insurance states"hirer liable for the first £1000" per accident.

 

[simbadog]

Take legal advice ASAP, they are having a laugh!

 

[Kannon Fodda]

I wonder if their insurance covered for the vehicle being taken abroad. Bit worrying to establish that after the event

Also wonder if they even have the right type of policy reflecting the vehicle is being hired. Standard policies for most owners won't cover loss from not being able to use the vehicle, but a commercial policy should have also allowed loss of business and such like.

All in all however rely on that £1,000 excess as your limit of liability. The proviso is that you must have complied with the t&cs, especially the one about reporting to the local police as if you didn't comply the insurance could have been breached leaving you high and dry.

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[GPW]

leaving you high and dry

They should still have the option of getting it repaired themselves, I can't see any need for them to accept the hire companies bizarre prices and times - find a decent repairer and it can't be much more than the £1000 they've already been held up for.

 

[Ivory55]

Some household insurance has legal advice in the policy, might be worth checking and could save you some money.

 

[Lenny HB]

They are trying it on your Max liability is £1000. If will cost them £500 or £600 for the windows and take less than ½ hour to fit each one.
You can't get CDW on a Motorhome.

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[Gromett]

Seek legal advice. Nothing else would be advisable.

 

[Wildbill]

mikebeaches we didn't get a police report. When we called the company we explained that we didn't think it was forced entry as nothing was stolen (my laptop and phone were in there). It was also late at night and the middle of nowhere.

We asked them what we should do and they advised us to carry on as normal.

The £10,000 relates to the 'off-road' time for repair. They've advised possibly 8 weeks at a cost of £150 a day.

It's a real shame as we loved the experience - maybe look in to buying in future!

get advice but thats should be covered under insurance is this in the contract off road time if not tell them to piss off
would be well worth talking to your own insurance company leagil teem
it a slide in window thier taking the piss 15 min job
bill

 

[Hollyberry]

Says £1000 per incident —- that’s the extent of your liability, unless the insurance was UK only and they were unaware you’d gone to France.
I’d copy their insurance paperwork, highlight the relevant parts and send it to them with a cheque for £250. Point out that £750 plus £250 equals the £1000 of your liability.
They are taking the pi^^.

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[100brian]

Did you pay by credit card. If you did you may have cdw cover.

 

[Southdowners]

The t’s&c’s are extremely odd. Firstly they state that the vehicle is covered for theft or damage then they say that In the event of the theft, the hirer will be liable for the full cost of the vehicle.

Have I got that right? If I have, then I’m surprised they have any customer at all.

 

[chaser]

The t’s&c’s are extremely odd. Firstly they state that the vehicle is covered for theft or damage then they say that In the event of the theft, the hirer will be liable for the full cost of the vehicle.

Have I got that right? If I have, then I’m surprised they have any customer at all.

I read that as being if the hirer hadn't got both the keys, which is standard practice on stolen vehicles.

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[Camping Gaza]

Get yourself to your high street lawyer. you are wasting valuable time writing your troubles on internet forums

 

[Allanm]

I’m pretty sure BBC Watchdog did an article about motorhome hire companies, they might be interested in your case.
but, as others have said, you need proper legal advice before you do anything.

 

[keithchesterfield2]

Get yourself to your high street lawyer. you are wasting valuable time writing your troubles on internet forums

Totally agree .......

?

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[mikebeaches]

I'd have a word with Trading Standards in the first instance, before going to the expense of a lawyer.

 

[HandyAndy]

Legal advice legal advice legal advice PRONTO!!

The only way they'd get out of those terms and conditions is if you broke them yourself...
did you break them?
by say for example taking it out of the country if that was not part of the hire agreement perhaps?

 

[Ernesto]

As others have said, it seems like a fairly standard set of insurance terms, which as long as you didn't breach them by taking it abroad, means you are only liable up to £1000.

The long list they have come up with to justify the extra cost is nothing to do with you - thats what insurance is there for. You could get legal advice, but my first question back to them would be to ask them to explain to me clearly, in Daily Mirror speak, why your insurance company is not picking up the tab for all the costs over £1000..?

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