Europcar - Frivolous/unreasonable damage claim?

Progress this morning…

I showed the photographs to an independent motor mechanic who is experienced in carrying out roadworthy inspections (called safety inspection in Queensland). They confirm that the chips shown in the photograph would not result in the vehicle being unroadworthy, the damage is extremely minor in nature and inconsequential, and that the chips would not result in spreading cracks as the chips are confined to the windscreen’s surface and don’t penetrate through part or all of the top layer of laminated glass.

The mechanic also explained how windscreen damage affects roadworthiness and how it is measured.

The mechanic also suggested that we request an independent report from Europcar indicating the chips resulted in the vehicle being unroadworthy as they indicated that such a report would not be possible and it could be ground for a further dispute. This was great advice and something we have requested from Europcar…as they could easily pull the wool over one’s eyes saying something is unroadworthy without the evidence indicating such.

The mechanic also indicated that the chips could be filled with resin but questioned why this would be necessary or required based on the photographed chips.

We also checked the Europcar Australian Hire T&Cs and they don’r reference the Fair Wear and Tear guide. It appears that this guide is for information purposes only and not bound by the hire contract.

What is concerning in relation to this quide is any scratches, chipping, holes, cracks or damage to the windscreen they appear to automatically class as affecting the roadworthiness of the vehicle. It is worth noting that the use of the windscreen wipers, washing the car (esp. using the windscreen cleaning tools at servos) will result in very minor scratches and allow Europcar to make an unreasonable/frivilour claim for damage. Fortunately the Europcar T&Cs provide better qualification on what damage is and these are those subject of the hire agreement. I wonder how many customers have received claims for damages under the guide rather than under the T&Cs?

The T&Cs clearly define what is damage and what is reasonable wear and tar for a windscreen, in particular the T&Cs state:

so, if the windscreen chips in question does not affect the roadworthiness of the vehicle, it is not damage but would be reasonable wear and tear. This potentially conflicts with the guide which appears to favour Europcar as the expense of the customer.

We have summarised the above, including what the T&Cs state and relevance of the guide and have emailed Europcar with a dispute to their claim. We have also cced Choice Help in the email just in case we need to involve them moving forward…

We have also requested Europcar provide a copy of the independent roadworthiness certificate/assessment for our review and comment. It will be interesting to see if one exists.

We have also provided general feedback to Europcar about the condition of the vehicle on collection and also our two experiences with the company.

We have learn’t a lesson, once bitten twice shy in relation to Europcar (as we had customer service issues with our only previous hire with them).

We are pleased that we took photographs on our return of the vehicle as these show the condition of the vehicle and windscreen on its return, In future, we will also be more thorough in our inspections and ensure that hire company personnel are present and document every scratch, dent, chip or crack present on the vehicle no matter how small or insignificant. Such was done in for our Europcar in Chile by local Europcar personnel and should be standard practice, where possible and practicable, in Australia.

The extra effort on collection will be a nuisance, but would allow us to respond and dispute any claims of damage through the hire.

We will add a post when we have received a response from Europcar.

9 Likes