DAMAGE TO A VEHICLE Clause Samples
The "Damage to a Vehicle" clause defines the responsibilities and procedures when a vehicle covered by the agreement is damaged. Typically, it outlines who is liable for repair costs, the process for reporting and assessing damage, and any limitations or exclusions on coverage, such as damage resulting from negligence or unauthorized use. This clause ensures that both parties understand their obligations and helps prevent disputes by clearly allocating risk and setting expectations for handling vehicle damage.
DAMAGE TO A VEHICLE. Insuring Agreement—Collision Coverage 13 Insuring Agreement—Comprehensive Coverage 14 Insuring Agreement—Full Comprehensive Window Glass Coverage 14 Insuring Agreement—Additional Custom Parts or Equipment Coverage 14 Insuring Agreement—Rental Reimbursement Coverage 15 Insuring Agreement—Loan/Lease Payoff Coverage 15 Insuring Agreement—Pet Injury Coverage 16 Additional Definitions 16 Exclusions 17 Limits of Liability 18 Payment of Loss 19 No Benefit to Bailee 20 Loss Payable Clause 20 Other Sources of Recovery 20 Appraisal 20 Insuring Agreement 21 Additional Definitions 21 Exclusions 21 Unauthorized Service Provider 22 Other Insurance 22 Policy Period and Territory 23 Changes 23 Duty to Report Changes 24 Settlement of Claims 24 Terms of Policy Conformed to Statutes 24 Transfer of Interest 24 Fraud or Misrepresentation 24 Payment of Premium and Fees 25 Cancellation 26 Cancellation Refund 27 Nonrenewal 27 Automatic Termination 27 Legal Action Against Us 27 Our Rights to Recover Payment 28 Joint and Individual Interests 29 Bankruptcy 29
DAMAGE TO A VEHICLE. 4.1. Any Vehicles that are supplied to you must be checked by you for Damage. If any Damage is found you must report the Damage to us and mark any such Damage on the vehicle inspection report by a) within 1 hour of the agreed start time or b) before the Vehicle is driven by you, depending on which of these occurs earliest. If no Damage is reported then it is accepted by you that the Vehicle is not damaged.
4.2. Should the Rental Company notify us of any Damage to a returned Vehicle, and where we have not previously notified you, we will endeavour to notify you of this Damage within 10 working days of the Vehicle being collected by the Rental Company.
4.3. In the event of any Damage to a third-party vehicle caused or contributed to by you, a third-party notification may be sent to you at any time. In the event that we receive any third party notifications, the correspondence will be sent to you to deal with. You must respond to all third party correspondence directly and promptly. You shall indemnify us and keep us fully indemnified against any and all liabilities, costs, expenses, damages and direct losses suffered or incurred by us arising out of or in connection with such third party claims.
4.4. If you dispute any Damage, we will place the relevant invoice on hold whilst the Rental Company looks into the dispute. You must provide such evidence as requested by us in relation to the dispute. Disputes advising that the driver did not check the Vehicle prior to driving, or on collection, will not be accepted as valid reason for dispute. Liability for Damage will remain with you. The Rental Company’s decision in relation to any dispute over Damage is final.
4.5. The invoice for damage repairs will be sent electronically to your nominated email address. VAT will be added where applicable.
DAMAGE TO A VEHICLE. INSURING AGREEMENT --‐ COLLISION COVERAGE If you pay the premium for this coverage, we will pay for sudden, direct, and accidental loss to a:
DAMAGE TO A VEHICLE. The following is added to Part IV – Damage To A Vehicle:
DAMAGE TO A VEHICLE. At Delivery, it is the Customer’s responsibility to ensure that the Vehicle supplied by DriveElectric to the Customer is checked for any damage, prior to acceptance of Delivery. If an Out of Hours or unattended delivery has been requested by the Customer, the Customer must check the Vehicle prior to driving to agree any damage noted on the Condition Report. Any damage to the Vehicle found that is not marked down on the Condition Report must be reported to and agreed by DriveElectric immediately and prior to the Customer’s Named Driver driving the Vehicle. Following Termination of a Hire and Collection of a Vehicle, DriveElectric will endeavour to notify the Customer of any new damage claims within seven working days of the Vehicle being collected. In the event of any damage being caused by or to the Vehicle during the Hire, the Customer acknowledges that a third party claim may be sent to the Customer at any time following Termination. In the event that DriveElectric receive any third party claims, the correspondence will be sent to the Customer to deal with. The Customer agrees that the Customer must respond to all third party correspondence directly and promptly. When DriveElectric informs the Customer of a new claim, the Customer must confirm acceptance of the claim, or to give a valid reason for dispute, within 7 working days of notification of the Customer by DriveElectric, with a copy sent to DriveElectric. Any failure by the Customer to confirm acceptance of a claim, or to give a valid reason for dispute, within this timeframe will be deemed as confirmation that the Customer has authorised the repairs and DriveElectric will auto-bill. Disputes will not be accepted after this period. If a claim has been disputed, the Customer must provide evidence of the dispute. Disputes advising that the driver did not check the Vehicle on Delivery, prior to driving, or on Collection, will not be accepted. DriveElectric will endeavour to provide the following documentation within a reasonable timeframe:
(a) Vehicle Condition Report, where applicable
(b) Estimate
(c) Images, where applicable The invoice for repairs will be sent electronically to the Customer’s nominated email address. VAT and administration charges will be added where applicable. The invoice must be settled within 30 days of receipt. Any unpaid invoice will be subject to interest which will incur daily at a rate of 8% per annum.