Tree Fell on Rental Car at Airbnb

Terencee on 25/01/2019 - 18:37

Hi peeps,

Looking for a bit of advice.
I'm on a trip in Tasmania at the moment, we have hired a rental car from Europcar with the basic cover.
There have been heavy gusts and a tree has broken and fallen onto the side/top of the car.

All in all, it was not the worst accident (no windows were smashed, paint was not ripped off). We managed to trim it down and lift the bulk off and back the car away, but I am just paranoid from seeing some scratches on the top of the car and on the driver side windows.

I am wondering if I am liable for the cost of the repairs? Does this fall under some exceptional circumstance of something to do with mother nature?
Will the host be liable / compensate me for costs?
Will I have to pay extras for window scratches and roof damage?

Cheers from Tassie,
Terence.

Automotive

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Comments

  • 87percent on 25/01/2019 - 18:46
    +5

    This will be interesting…

  • horice on 25/01/2019 - 18:52
    +9

    Will the host be liable / compensate me for costs?
    No

    Will I have to pay extras for window scratches and roof damage?
    yes

    My guess anyway

  • bloom on 25/01/2019 - 19:00
    +2

    If you booked your trip with a credit card that includes insurance check the fine print, some include car rental excess but quite rare

    Otherwise you'll have to pay the car excess

  • fantombloo on 25/01/2019 - 19:12

    I think roof and undercarriage damage is often not included in rental car insurance policies. Time to read up what you signed for.

    • Terencee on 25/01/2019 - 19:37
      +1

      Do you know what they charge for that type of damage? Is it ridiculous overpriced amounts?

      • fantombloo on 25/01/2019 - 19:40
        +5

        Is it ridiculous overpriced amounts?

        It's a car rental company - my guess is yes.

        • Thrawn on 25/01/2019 - 21:09

          Particularly Europcar who are notorious for this

      • ykwon10 on 25/01/2019 - 19:44
        +1

        Be prepared to be royally screwed. Rental cars have incredibly high insurance excess.

  • GordonR on 25/01/2019 - 19:24

    If a tree on my property falls or sheds branches onto someone else’s car or other stuff, then I would expect my home insurance to cover the damage.

    Of course I don’t run an AirBnB and so using the premises commercially might alter the insurance conditions…

    • HighAndDry on 25/01/2019 - 19:45
      +2

      Unless you knew the tree posed that kind of risk, you wouldn't actually be liable. OP mentioned "heavy gusts" and so if especially heavy winds were responsible, that'd be act of god territory.

  • oscargamer on 25/01/2019 - 19:35
    +3

    You are responsible, in the circumstances you describe.

    Get some cutting compound/T cut/polish and see if it makes the scratches better,

  • chumlee on 25/01/2019 - 20:32

    I would use the Mabo defense as exceptional circumstances

  • k-rokfm on 25/01/2019 - 20:55

    Whoever owns the tree should be paying costs. It’s tricky though cause it’s a renta car. So chances are they’ll take your insurance payment until they can find who’s responsible and will probably take ages to get your money back

    • oscargamer on 25/01/2019 - 21:03
      +2

      God owns the tree………….he has no insurance. I tried that once. I'm going to hell.

  • elgrande on 25/01/2019 - 21:05
    +1

    Who planted the tree? They are the ones responsible.

    • thatonethere on 25/01/2019 - 21:52

      No actually. Unless they were proven negligent in some known issue with the tree.

      The storm is the one which pushed the tree over and sadly like a number of ozbargainers it has no insurance.

  • SnoozeAndLose on 25/01/2019 - 22:09

    Bad luck, sxxk it up for not getting any car insurance. If you dont want to pay car insurance extra protection , you should have other car rental insurance or travel insurance or credit card cover in case something like this happen.

    Car rental company may not belive it was a tree branch, they just try to get at much as possible, it is a business.

  • [Deactivated] on 25/01/2019 - 22:14

    This would be covered by the rental car company insurance policy and you will have to pay for what ever excess you signed up for.

  • AdosHouse on 25/01/2019 - 22:20
    +1

    Unless negligence is proven, it will be "Act of God" and OP will be coughing up the excess.

  • capslock on 25/01/2019 - 22:28

    I've been told a few times when renting a car that it doesn't matter who is at fault, the renter still has to pay the insurance excess.

  • brokenglish on 25/01/2019 - 22:34

    This is the purpose of insurance. Better than you having to replace the entire car!

  • k-rokfm on 25/01/2019 - 23:04
    -4

    I don’t know why so many people are saying it’s the person of the car who has to pay. If it’s a privately owned tree then it’s the responsibility of the owner to maintain that tree. Their house insurance will cover any damage. If it’s a council owned tree contact them as well.

    Unless Tasmania has some f’d rules

    (See my previous comment about renter having to pay excess and claim it back)

  • capslock on 25/01/2019 - 23:27

    Copied from the Europcar website:

    "In the event of an accident, loss or damage to the vehicle or third party loss, a Damage Liability Fee (DLF) will be charged for Australian & New Zealand rentals. This fee is charged regardless of who is at fault or the amount of damage. If the loss or damage is ultimately less then the DLF, part of the DLF will be refunded."

    It's interesting that they call it a fee which to me sounds like a non refundable and non negotiable charge.

  • John Kimble on 26/01/2019 - 00:00

    For next time: https://tripcover.com.au/

    • powerhead on 27/01/2019 - 07:38

      Is roof and undercarriage damage covered under their policy?

      Serious question as it’s a commonly excluded damage.

      • John Kimble on 27/01/2019 - 07:47
        +1

        https://tripcover.com.au/Allianz_Tripcover_Policy.pdf

        YOUR POLICY COVER 1.1.2
        The maximum amount we will pay for all claims combined under each section is shown in the TABLE OF BENEFITS for the Plan you have selected. You must also check GENERAL EXCLUSIONS APPLICABLE TO ALL SECTIONS for reasons why we will not pay.

        SECTION 1.1 RENTAL VEHICLE EXCESS

        The cover and benefits provided by this section only apply to a nominated driver.

        Cover is only provided under this section if your rental vehicle agreement specifies an excess, deductible or damage liability fee payable in the event the rental vehicle is damaged or stolen while in your custody.

        This section also covers items such as, but not limited to, tyres and/or windscreens, auto glass, roof, underbody, bumpers and trim if they are not covered by the indemnity provided by the rental company or agency under the rental vehicle agreement however, our liability for loss or damage will be limited to the amount of the excess, deductible or damage liability fee specified in the rental vehicle agreement.

        The maximum amount we will pay under this section is the amount of the excess, deductible or damage liability fee that is specified in your rental vehicle agreement up to the limit shown in the TABLE OF BENEFITS under the Plan you have selected.

  • ol mate on 26/01/2019 - 08:26

    Photos?

    Probably will get away with just as bit of polish if it hasn't dented and the scratches havent gone through the clear coat

  • Euphemistic on 26/01/2019 - 09:31
    +1

    Now is your chance to see what a real tree can do damage wise. I’d tou are going to it the excess anyway go a fell a decent sized tree onto it and crush the car for giggles.

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