Not at Fault Accident in a Rental Car - Do You Have to Claim Insurance?

My friend was driving a rental car when another driver ran into him from behind, which also caused him to hit the car in front even though the brakes were applied (3 car pile up). There was Police attendance, no serious injuries although my friend is feeling sore.

The rental company wants him to pay the insurance excess, which he would obviously get back when they determine that he's not at fault.

However I would be a bit reluctant for him to make the insurance claim through the rental and just get them to use the At Fault driver's insurance claim, so that when he is asked the question "How many insurance claims have you made in the last 5 years (regardless of who was at fault)" for his own insurance he doesn't have to count it and have his insurance rates go up.

Has anyone been in this kind of situation or know anything about it if the Rental can force you to make the claim through their insurance?

Obviously I can see the value in doing so if the At-Fault driver is causing any trouble in providing the claim number, or if the 3rd driver is claiming my friend to be at fault, but if there is no problem/dispute there, is not claiming through the rental company's insurance a viable option?

Victoria.

Comments

  • If he was still moving when he was rammed, he might still be deemed at fault (He might not be deemed at fault too, but its not 100% clear). He has to be at a standstill to be 100% deemed not at fault in this situation. This much I'm pretty sure about.

    As for the actual question of the excess, I'll leave it to someone more knowledgeable.

  • I had a similar thing happen to my Avis? Rental car 10 years ago in Hobart. Slight bump in the rear of my car and little damage. Filled in all the paperwork and had to pay the $300 excess. From my understanding rental companies often self insure. Anyway after 4 or 5 months and several emails I was eventually reimbursed in full.

  • +2

    Read the contract/policy. Most seem to require you to pay the excess regardless of you're at fault or not. I don't think you have a choice to not go through the rentals insurance choice as the car is not in your name.

    It shouldn't affect your own car insurance, nor should it be counted when you apply for insurance in the future.

  • It'll depend on the terms of the agreement - last time I rented a vehicle I was offered 3 levels of cover with the top bracket having no excess under any circumstances regardless of fault. By the sounds of it your friend either wasn't offered this option or didn't take it but I'd double check the paperwork to see.

  • Update: My friend gave the car rental company the claim number filed by the at fault party with their insurance, and they already were given a copy of the Police report, and accepted that instead of demanding an insurance excess from my friend.

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