CAR NEXT DOOR DAMAGE POLICY

Transcription

1 Phone: (02) Web: Address: Level 2, 608 Harris St, Ultimo, NSW, 2007 CAR NEXT DOOR DAMAGE POLICY Last Modified: 14 May 2015 The purpose of this policy is to provide a clear and simple framework for action in the unlikely event of damage to a Member s vehicle. This policy is a guideline only, and is not binding on Car Next Door. In the event of a conflict between this policy and the Member Agreement or Owner Supplement, the Member Agreement or Owner Supplement will prevail. Note: This Damage Policy only applies to damage that is not excluded from cover under the Member Agreement or Owner Supplement. The Member Agreement and Owner Supplement set out the circumstances where Our Insurance Policy does not provide cover for damage to a vehicle. It is important that you read the Member Agreement and Owner Supplement and understand the relevant exclusions. In this document: Member refers to both an Owner and a Borrower; and capitalised terms not defined in this document have the meaning given in the Member Agreement and Owner Supplement. What this policy covers TOPIC... Page Car Next Door Damage Policy... 1 What this policy covers... 1 Recording Pre-existing Damage when adding a new vehicle to the fleet... 2 Checking for new damage... 2 Who is responsible for damage?... 3 Responsibility for Tyre Damage... 3 Wear and tear excluded... 4 Damage that occurs when the Owner has the vehicle... 5 Damage that occurs when A Borrower has the vehicle... 5 Disputes about when certain damage occurred... 8 Dispute Resolution... 9

2 Recording Pre-existing Damage when adding a new vehicle to the fleet When a vehicle is first registered with Car Next Door, an initial log of pre-existing damage is created in one of the following ways ( Damage Log ): For cars where the LockBox is installed by Car Next Door: When the Car Next Door in-car device is installed, the installer will take a record of all pre-existing damage. This will form the initial damage log for the vehicle. A copy will be provided to the Owner along with the confirmation for the first Booking of their vehicle, and for each subsequent Booking. The Owner should review this log carefully, and contact Car Next Door if there are any inaccuracies. For cars where the LockBox is installed by the Owner: The Owner must provide Car Next Door with a detailed list of any pre-existing damage to the vehicle, with supporting photographs that are clear and unedited, before their vehicle is made available for sharing through Car Next Door. This will form the initial damage log for the vehicle. The first Borrower of the vehicle will check the vehicle against the initial damage log and should report any inaccuracies to Car Next Door. Repairs of pre-existing damage will not be covered by the Car Next Door fleet insurance policy. Checking for new damage At the start and end of each Booking Period, Borrowers must inspect the car for damage, compare any damage against the current damage log, and take photographs of all sides of the car s exterior. If a Borrower does not do these things, then they may be held responsible in the event of a dispute over when certain damage occurred (see section below: Disputes about when certain damage occurred ) The damage log is: included in the confirmation that is sent for each Booking; and available on the car s profile on our website and on the mobile site under the Booking review screen. Borrowers MUST take photos of the vehicle Borrowers must take photos of the vehicle at the start and end of each Booking, using either a Smartphone or a camera. The Borrower must: 1. Capture a clear image of all sections of the car s exterior including the bonnet, front, back, passenger side, and driver s side. Photos must be taken even if the Booking begins or ends outside of daylight hours, in which case the Borrower should use a flash or other available lighting in order to capture the clearest possible images of the car. 2

3 2. Keep photos for 30 days after the reservation end date. The photos do not need to be sent to Car Next Door unless requested in the case of disputed damage. 3. the original photos to Car Next Door within three days of a request by Car Next Door, unedited and in the highest resolution available. Reporting damage at the start of a booking If a Borrower finds any damage that is not recorded on the damage log, he or she must report it (by phoning (02) or (03) or by sending an to members@carnextdoor.com.au) before driving the vehicle. Owners responsibilities All Owners should inspect their vehicle regularly (if possible, straight after each Booking Period) to determine whether any new damage has occurred during a Borrower s Booking Period. Owners should report any identified damage to Car Next Door as soon as it is discovered, and before driving the vehicle themselves, by: 1: calling (02) or (03) (choose option 2 on the voice menu) and leaving a message detailing the damage; and 2: ing photos of the damage to members@carnextdoor.com.au. Who is responsible for damage? Responsibility for damage will rest with the Member who was in possession of the vehicle at the time the damage occurred (except in some cases of tyre damage, as set out below). If there is a dispute as to when certain damage occurred, then responsibility will be determined in accordance with the procedures set out in the Disputes about when certain damage occurred section below. A Borrower is considered to be in possession of a vehicle from the time they unlock The LockBox at the commencement of a Booking Period until they return the key to The LockBox and lock it at the conclusion of the Booking for that vehicle. This period may not match exactly the time for which they have made a reservation for the vehicle (for example, if the Borrower picks the car up late or returns it early). The Owner is considered to have possession of the vehicle at all other times. Responsibility for Tyre Damage Any punctures or other damage to a tyre during a Borrower s reservation caused by driving over foreign objects will be the responsibility of the Borrower. The Borrower will need to cover the cost of repairing or replacing the tyre. 3

4 Any punctures or damage to the tyre that are caused by wear and tear (see below) will be the responsibility of the Owner, even if they occur during a Borrower s reservation. The Owner will be responsible for covering the cost of repairing or replacing the tyre in these cases. Regardless of the cause of the flat or puncture, a Member who drives with a flat tyre will be responsible for any resulting damage to the wheel or vehicle. Wear and tear excluded Car Next Door does not provide cover for wear and tear to a vehicle. Where this policy refers to damage, it does not include wear and tear. Damage of the kind listed in the table below is considered to be wear and tear. The items listed are examples only and not an exhaustive list of damage that is excluded from cover. Car Part Examples of wear and tear Windshield/Windows 1 or 2 minor chips, bullseyes or stars (not in direct field of vision) Aging of rubber around windshield/windows Rims/Tyres Minor scuffing Tyre aging Interior: Trim, Upholstery, Carpets, Controls Normal Soiling to seats and carpets (caused by normal use) Normal odours Minor scuffing Paint/Body Minor scratching scratches less than 25mm in length and shallow, no more than 2 per panel, and hairline scratches Minor touch-ups or minor flaking of paint Dents - less than 20mm diameter, no paint surface penetration and no more than 2 per panel Minor stone chipping on hood, lower doors, wheel guards Moulding/Grille/Bumpers/ Mudflaps. Wheels/rims and hubcaps Minor parking damage - scuffing, light scratches Underbody Minor dents and deformations Mechanical Wear to engine, brakes or suspension, or component or assembly failure (e.g. engine or transmission failure), except where this is due to misuse of the car by a Borrower (e.g. suspension damage 4

5 from driving over speed bumps at high speed, damage from continuing to drive with warning lights illuminated, or failing to park the car in the correct gear). Borrowers will not be responsible for mechanical damage where the part is past its minimum useful life as per the manufacturer s guidelines. Damage that occurs when the Owner has the vehicle If a vehicle is damaged during a period when the Owner has possession of the vehicle (as defined above), then the Owner must: a) Inform Car Next Door about the damage. The Owner must, as soon as reasonably possible, inform Car Next Door and provide a description and photographs of the damage. Car Next Door will update the damage log to record the new damage. If the damage compromises the safety or reliability of the vehicle, Car Next Door will flag the vehicle as unavailable for new Bookings until the damage is repaired. b) Organise repairs (if the repairs cost less than the Damage Cover Liability). The Owner must have the damage repaired if the damage compromises the safety or reliability of the vehicle. In any other case, the Owner may choose whether or not to have the damage repaired. If the cost of the repairs will be less than the Owner s Damage Cover Liability ( DCL ), then the Owner should organise the repairs and pay the repairer directly. When the repairs are complete (or if the Owner chooses not to have the damage repaired), the Owner must inform Car Next Door so that Car Next Door can update the damage log. OR c) Assist Car Next Door to make an insurance claim (if the repairs cost more than the Damage Cover Liability). If the cost of the repairs will be greater than the Owner s DCL, then the Owner is required to submit a CND Collision or Damage Report Form (available on our website). The Owner must also provide any other information or assistance required under our Insurance Policy, as set out in clause 12 of the Owner Supplement. Car Next Door will charge the Owner his or her DCL (note: a separate DCL applies to each separate incident of damage). The procedure set out in the following section for obtaining quotes and organising and paying for repairs that are estimated to cost over $1500 will apply. Car Next Door will update the damage log when the repairs are complete. Damage that occurs when A Borrower has the vehicle 5

6 If a vehicle is damaged during a period when a Borrower has possession of the vehicle (as defined above), then the Borrower must inform Car Next Door as soon as possible and provide a description of the damage and photographs. If a Borrower fails to report damage, then the Owner will need to report it and provide a description of the damage and photographs. The Borrower will be charged an inconvenience fee as listed in the fee schedule on our website for failing to report damage and may be expelled from the platform. If the damage is likely to result in an insurance claim, Car Next Door will require the Borrower to submit a CND Collision or Damage Report Form. The process for dealing with repairs varies depending on the estimated value of the damage. Inconvenience fee Car Next Door does not charge any fees for our staff s time spent in dealing with damage claims. However, we recognise that Owners will be inconvenienced by damage incidents and will need to spend time organising the repair of damage caused by, or attributed to, the Borrower. To compensate the Owner for this inconvenience, the Borrower will be charged a flat fee of $60. This fee will be passed through in full to the Owner, and will count towards the Borrower s DCL amount, so that the Borrower s total liability will not exceed his or her DCL. Contribution towards Owner s alternative transport costs Where the Owner is unable to use their vehicle as the direct result of damage caused by a Borrower, Car Next Door will reimburse the Owner, upon presentation of receipts, for his or her costs of alternative transport up to a maximum of $30 per day for up to 5 days. Receipts should be sent to members@carnextdoor.com.au and any reimbursement will be credited to the Owner s account. This cost will not be passed through to the Borrower. Step Repairs est. to cost <$1500 Repairs est. to cost >$1500 DCL charged Car Next Door will charge the Member s credit card for the estimated cost of the repairs (as reasonably determined by Car Next Door), up to the Member s Damage Cover Liability (DCL). Obtaining quote for repairs The Owner must obtain a quote for repairing the damage within fourteen days and provide it to Car Next Door. Car Next Door will pass the quote on to the Borrower. Car Next Door will arrange an independent online assessment of the damage and quote for the repairs. The fee for this service is listed in the schedule of fees on our website, and is payable by the Member responsible for the damage. This fee will be added to the cost of the damage and included under the DCL. 6

7 Obtaining second quote If the Borrower disputes the quote, then he or she may, within 48 hours of receiving it (but not later), ask Car Next Door to commission an independent online assessment of the damage and quote for repairs. The cost of this service is listed in the schedule of fees on our website, and is payable by the Borrower. The Owner may obtain a quote for the repairs from their preferred repairer. Organising repairs The Owner will organise the repairs. The Owner may choose to have the repairs done by one of Car Next Door s approved repairers or by their preferred repairer. Paying the repairer The Owner will pay the repairer directly, and send the invoice to Car Next Door for reimbursement. Car Next Door's insurer will pay the repairer directly. Car Next Door will only pay up to the amount quoted in the online assessment (if this was obtained). If the Owner s preferred repairer charges more, then the Owner will be responsible for paying the difference. Car Next Door will only pay up to the amount quoted in the online assessment. If the Owner s preferred repairer charges more, then the Owner will be responsible for paying the difference. Refund of unused DCL If the total cost of the repairs is less than the DCL amount that Car Next Door has charged to the Member, then Car Next Door will refund the Member the difference. 7

8 Disputes about when certain damage occurred There may be occasions when it is not clear whether damage occurred during or outside of a Booking Period. Responsibilities of the Borrower: If an Owner or the next Borrower discovers damage to a car after the end of a Borrower s Booking Period, then the Borrower will be responsible for the damage unless: The Borrower reported the damage to Car Next Door at the start of their Booking Period and before they drove the vehicle; or The Borrower provides, within three days of Car Next Door s request, clear, unedited photos, at the highest possible resolution taken at the end of their Booking Period, that show the damage had not happened at the time they returned the vehicle. Responsibilities of the Owner If: an Owner finds new damage to their car following a Borrower s Booking Period; and the damage could have been caused either by the Borrower while driving the car; or by a third party after the Borrower returned the car (and while the car was parked); and some time has elapsed between the conclusion of a Borrower s Booking Period and the Owner s inspection of the vehicle; then the Owner must: a) take photos of the damage immediately; b) call (02) (select option 2 on the voice menu) BEFORE driving the vehicle, and no longer than 72 hours after the end of the last Borrower s reservation ending, to report the damage; c) contact the Borrower directly by phone (their mobile number can be found in their booking confirmation or through the My Car tab of the mobile site m.carnextdoor.com.au) to determine whether the damage occurred during their booking; d) complete the Minor Damage Reported Form found in the Forms and Policies section of our website. We recommend that Owners check their car regularly, and follow this process exactly, to resolve these rare instances as quickly and constructively as possible. In the case of a dispute, Car Next Door will mediate, and in cases of minor damage, the decision of Car Next Door is final. If there is damage to a vehicle, and any Borrowers are able to show that the damage occurred outside of their Booking Period (e.g. by providing photos to show that the damage had not occurred when they left the vehicle), then the cost of repairing the damage will be the Owner s responsibility (up to the Owner s DCL). Car Next Door does not take responsibility for any unresolved unattributed damage. 8

9 Damage Protection Levy: Car Owners may elect to pay a Damage Protection Levy of $15 per month to reduce their DCL by $300 in the event of unattributed damage that occurs in the circumstances set out above. Please contact us on members@carnextdoor.com.au if you would like to find out more about this option. Dispute Resolution If any dispute arises between Members or between a Member and Car Next Door in relation to damage to a vehicle, then Car Next Door s Complaints and Member Dispute Resolution Policy will apply. The Complaints and Member Dispute Resolution Policy is available on our website. 9