# Rented VW Touareg in Shower of Stones Horror



## Si (Oct 17, 2005)

Left the TT at home for the bank holiday weekened and hired a VW Touareg to go to Scotland in for a few days.

On the way home, I was negotiating a bend when a Rover 200 coming in the opposite direction lost control and was skidding sideways towards me. The driver had lost control and the car ended up going up the embankment, flipping and landing on it's back in the ditch. This all happened in front of me, but by the time we were level, he was off the road (e.g. I didn't have to swerve or anything like that).

Thankfully, nobody was hurt.

However, as their car left the road, it first went through a verge consisting of rather large (egg sized) rocks, which flew into the air and promptly peppered the VW with dents. The deposit paid to the rental company was Â£980 and they say they'll be keeping it as the flying rocks were an act of god.

I have the crime number for the accident and witness details (a kind BMW driver behind me saw the rock shower), but I'm wondering what my next move might be as I've never had any dealings with this kind of thing before....

Basically, I don't want to lose the Â£980. I'd have thought that the insurance for the driver who crashed would pay my rental company as the rocks couldn't be avoided - they were as a result of him losing control and skidding through the stones.

Any ideas?

Cheers,

Si


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## J55TTC (Apr 25, 2005)

Not much help Im afraid but "act of God"?..........

I would have thought God drove a better car than a Rover 200 :lol:

Act of God is usually weather related isnt it?


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## W7 PMC (May 6, 2002)

Act of god my arse.

A traffic accident is defo not an act of god.


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## Karcsi (Mar 6, 2003)

So if the driver of the 200 had hit a wall and that fell on your car, would that have been an act of God? Clearly, it's mother nature's fault. Or was it Newton that invented gravity - of course, send him the bill. :roll:

What if there was a shower of golf ball sized hail and that dented the Touareg, wouldn't you be just as justified to say 'act of God', where's my deposit?

If it is an act of God, by definition it is no-one's fault. So why are they keeping your deposit?


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## J55TTC (Apr 25, 2005)

I know with some policies / bank accounts you get free legal aid - might be worth giving them a ring if this applies. Alternatively the Citizens Advice Bureau


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## Toshiba (Jul 8, 2004)

You can claim as a third party against the driver. Put the details on your claim form get the guys insurance company to repair the VW.


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## Andyvo (Feb 4, 2005)

Tosh is right.

The guy in the Rover caused the events which have meant that the vehicle you were driving has been damaged. Technically, the hire company should be chasing his insurance for the cost of repairs however its probably easier or safer for them to keep your deposit and go through their own insurance for the repairs. In that case, you should instruct someone to who will pursue the driver of the Rover for your lost deposit. You may have legal protection with your motor insurance or household insurance.

If not, see a Solicitor who will take him through the Small Claims Court on your behalf. Not a lot of people will want to take this on though as they won't be able to recover the costs they have expended as the amount in question is below Â£5000 and doesn't involve a claim for PI.


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## Toshiba (Jul 8, 2004)

Your own insurance company will offer this service if your fully comp.


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## Si (Oct 17, 2005)

Bah, no such joy with my own insurer (churchill). They said to contact the guys insurance who left the road. I'm trying to do that, if only I could get hold of the damn police man who's got his details! 

He's also got the details of the witness who was driving behind me. Regarding the car rental firm, they are staying put and fobbing me off with all kinds of excuses to not give me my deposit back, the swines.

Si


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## Toshiba (Jul 8, 2004)

Ask them on what grounds and mention legal advise.


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## Si (Oct 17, 2005)

Just to add insult to injury, whilst I was picking up the car I haggled the deposit down to Â£800 from Â£980.

Today I see a debit on my e-banking for the remaining Â£180.


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## jbell (May 15, 2006)

Si said:


> Just to add insult to injury, whilst I was picking up the car I haggled the deposit down to Â£800 from Â£980.
> 
> Today I see a debit on my e-banking for the remaining Â£180.


So not only are they being unreasonable, they are taking money from yout account without your knowledge over and above the agreed excess amount :!: I would get legal advise and get the rover drivers details fast and claim from his insurance company then go after the hire firm as the damage was not your fault so therefore his insurance has to pay and you sare entitled to your deposit back


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## Toshiba (Jul 8, 2004)

You can ask your bank to recover the funds if you did not authorise the payment. Ive done this before.


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## sattan (Sep 10, 2002)

I'm sure your bank/CC company could help out with the unauthorised payment, but also..

I was involved in a nasty accident in my 1st year of driving on an unlit section of the m3 in the small (dark) hours of the morning, A BMW 3 series hammered past me in lane 2 round a bend (I was in lane 1) about 30 seconds later I spot "something" large in the road which I couldn't avoid and there is a very loud bang and my car looses control and ends up at the side of the road.

the BMW had smashed thru the central reservation barrier and flipped up the bank but it hit it so hard the remainder of the barrier was flung into the middle of the road where I ran over it - I couldn't avoid it as I doing about 60mph (up a hill in a Clio) and those barrier sections are long!

After a lot of me pushing my insurance co the other party accepted liability as there was no reasonable way I could avoid it, and it was their fault the obstacle was there - maybe speak to the hire-co's insurance company or use legal cover on your own policy if you have it.

as a side-note; the BMW driver's husband was paralysed in that accident as he had momentarily taken his seat-belt off to attend to their baby in the back seat; it was a very sobering lesson for me as we had to pull his wife out of the car as it caught fire and hunt for their baby who was, by some miracle thrown clear of the car and unharmed!


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## Toshiba (Jul 8, 2004)

was the car ok?


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