This blog post is to tell you about a recent incident experienced by a couple who have rented from us many times in the past and completed their first post-Covid 2 week rental with us in mid-March.
Four days into their rental, I received a phone call from Queensland police telling me that they had received a complaint that the occupants of one of my rental cars “fled the scene of an accident without providing personal details’. I provided the police with the relevant details, and asked when the incident occurred and was told “the day before yesterday”. I also gave the police my contact details to pass on to the other party.
It annoyed me that my customers had not contacted us to report the incident as required. I tried to call them, but their phone was turned off. I sent an SMS and an email, asking them to urgently contact me; and after about 6 days, they did contact me.
Paulo (not his real name) told me that nothing happened, a young woman accused them of reversing into her car at Australia Square shopping centre, but he did not touch her car. He said the damage the woman was complaining about was “old” and there was damage “all over her car.” I asked why they didn’t report it to us and he said that they sorted the matter out by giving her $150 (initial offer was $100 and the woman apparently said it’s not enough and asked for $150).
It is obvious to me that the woman was subsequently given advice and has now proceeded to make a claim in the Queensland Civil Claims Tribunal against Paulo. The quote she has submitted for damage to her car is $2,108.48, plus $135 filing fee, plus a claim for a rental car for the two weeks her car would be with the repairer, plus $900 per week for 3 and a half weeks for “lost wages”. Paulo has told me that the woman’s claim is “well over” $5,000 and that they have been told that they are to make themselves available for a “mediation call” on 10th June.
As Paulo has breached the terms and conditions of his rental contract (paying $150 becomes an admission of liability; failure to call the police; failure to obtain full details of the other party; failure to report the incident to the Owner), neither us nor our insurance company can help him.
Here is the procedure which our customers are required to follow, it is highlighted in their rental contract and a card with a QR panel for digital reporting is in the glove box of all of our cars.
The Renter shall observe the following procedure in the event of any accident or incident that has the potential to give rise to a cost incurred or other loss being suffered by the Owner:
- The Renter should ensure the safety of all persons involved in the incident and also the safety of the Vehicle.
- The Renter should make no admissions as to responsibility.
- The Renter must call the police. The Police Incident Report number, along with the attending officer's details must be provided to the Owner.
- The Renter should obtain full details of any other vehicles and drivers, including name, address (local address and licence address) registration number, licence number and expiry date, contact number and insurance details. The Renter should provide his details and the Owner's details to the other party.
- The Renter should obtain and supply to the Owner the contact details of any independent witness to the incident.
- The Renter should contact the Owner as soon as is practicable, but in any case, no later than within 24 hrs of the incident.
- The Renter shall not authorise any towing without attempting to contact the Owner.
- Where possible, the Renter should photograph any damage to the other vehicle. If photographs are not possible, the Renter should describe in best possible detail the damage to the other vehicle that arose from this incident - if there is evidence of pre-existing damage, the Renter shall provide the Owner with this information.
- The Renter shall provide the Owner with a detailed report, of all the circumstances of the incident and if possible; get any witnesses to sign it.
- The Renter shall not abandon the Vehicle.
Message here is NEVER attempt to reach a negotiated settlement of any incident involving other people and/or their property and ALWAYS follow the procedure laid required by your insurer!
Posted By darryl
Updated : 19th April 2024 | Words : 748 | Views : 207
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