I Can't Get Back My Deposit from The Car Rental It Has Been 3 Months

LJun09 on 19/05/2018 - 13:27
Last edited 19/05/2018 - 21:27 by 1 other user

I rented the car in March but still can't get back my Deposit.

There is a long story but I will try to keep it short.

My family and I went to a car dealer to look for a car and then I received a call from the dealer call at night and said we hit his car when we leave. I asked my father who is the driver about it and he said no. I go to look our car and I can't see any scratches.

When I returned my car I told the car rental company about it and he checked the car and said he can't see any scratches on the car. He just asks me to email him the whole course of the incident. I did and he sent me the incident form and ask me to fill. The form needs the other driver information which I don’t have and I had messaged him(the dealer) to ask for his information. He replied me that we did hit his car but he just doesn’t want to argue with me. And also he refused to give me his information.

I tried to contact the car rental company, and they said they need a letter that said they will not lodge the insurance, then the car rental company will give me back my deposit.

I don’t know what to do know. Really want you guys to give me some opinion.

Thanks a lot!

Automotive

Comments

  • Ughhh on 19/05/2018 - 13:53
    +14

    Confusing story. So there's a car dealer (sell cars), you and a car rentals company?

    • Kangal on 19/05/2018 - 18:05
      +10

      No no, the OP is the dealer and he wants to hit a car and pay money to OzBargain. It's quite easy to read actually.

      • blitz on 19/05/2018 - 19:03
        +4

        Oh come on, guys, it's really simple. The OP's family rented their car out to a dealer who hit his own car with it. Now the insurance company wants to email the dealer so they can give him a deposit. Simple.

        • redfox1200 on 19/05/2018 - 20:11
          -1

          No no no the dealer wants to take a hit from the car like a bong because it has his drugs in it

        • ronnknee on 19/05/2018 - 20:58
          +7

          @redfox1200:

          No no, OP rented the dealer to hit his father and now the car lodged an insurance claim because there were scratches on the deposit.

        • Wiede on 21/05/2018 - 07:49
          -2

          @ronnknee:
          so yes or no on using bikies?

  • [Deactivated] on 19/05/2018 - 13:59
    +17

    Let me try.

    You rented a car and upon returning the car, you learnt that there is an insurance claim lodged against you/your dad during your rental period.

    The rental company is refusing to refund your deposit because the insurance claim may potentially be filed an they need your deposit as assurance.

    The driver who claims to have been hit by your car doesn't want to file a report or claim either way and because it isn't settled, the insurance claim isn't considered closed.

    All the while, you did not have a collision and there's no damage to the car. This has been verified by the rental company, however, the issue of insurance claims still stands.

    • Jun09 on 19/05/2018 - 21:02
      +2

      Thank you so much. You help me make the whole story become more easy to understand.

    • [Deactivated] on 20/05/2018 - 09:53

      I thought the dealer didn't want to lodge a claim, and the car rental company only where aware of the incident because OP told them about it?

      • Jun09 on 20/05/2018 - 10:39

        Yup, the dealer didn't want to lodge the claim and the car rental knows bcs I told him.

        • Ughhh on 20/05/2018 - 11:27
          +2

          the car rental knows bcs I told him.

          Why would would you tell the insurance that? No offence, but perhaps the insurance may have misunderstood you due to poor English? Used the wrong words etc

        • Ughhh on 20/05/2018 - 15:08

          @Ughhh:

          By insurance I mean car rentals company.

        • Jun09 on 20/05/2018 - 20:03
          -1

          @Ughhh: Bcs we don't want the car rental company charge the money from us. We were thinking if the dealer wants to lodge the claim at least the car rental company knows the whole story.

          Also I am thinking why I have to pay the excess even is not my fault. I tried to explain to the car rental company and he said even is not my fault I still need to pay the excess if the lodge the claim. That's why he holds my deposit. And also there was no collision happened why I want to fill the incident report form.

        • Ughhh on 20/05/2018 - 21:56
          +1

          @Jun09:

          Bcs we don't want the car rental company charge the money from

          If they didn't know about the accident, they wouldn't have charged you money.

          Also I am thinking why I have to pay the excess even is not my fault.

          If you read your rental contract, you'd most likely see that you agreedto pay an excess regardless whether you're at fault or not in an event of an accident- yes, even if you're not at fault. It doesn't work like private insurance unfortunately.

          And also there was no collision happened

          Because you told the rental company there was an accident/incident, which opens up a case. Also, not according to the car dealership. He could change his mind next month and file a claim.

        • Jun09 on 20/05/2018 - 22:29
          -1

          @Ughhh: Thanks, I understand now. Your explanation is better than the car rental company.
          I read the term and conditions again, It said:
          Claims Administration Fee

          If the vehicle is involved in an accident, or damaged, you must complete and return the ‘Vehicle Incident Report’ form, and you must pay the liability waiver. A ‘Claims Administration Fee’ of at least $150 will apply. However, the fee is included in the liability waiver.

          If you fail to send the Vehicle Incident Report with the full details of the incident, you must pay the Claims Administration Fee on top of the liability waiver.
          If you fail to pay the liability waiver, you must pay for all loss and damage.

          So that means if I can't complete the Incident report form, then I have to pay the fee.

  • [Deactivated] on 19/05/2018 - 14:02
    +9

    If the insurer cannot prove you are liable, they should close the case and refund you. You don't have to prove your innocence.

    • Gronk on 19/05/2018 - 17:09
      +2

      This…

    • Jun09 on 19/05/2018 - 21:06
      +1

      But the problem is the other driver didn't lodge the claim.
      The rental company ask me to prove that they will not lodge the claim.
      I don't how can I prove it to him.😅

      • [Deactivated] on 19/05/2018 - 21:10
        +1

        Ask them if they do that to everyone - withhold deposit until the customer can prove no one will submit a claim.

        • Jun09 on 19/05/2018 - 21:28

          Thanks for the suggestion. I will email and talk to him.

  • justhooked on 19/05/2018 - 14:15
    +9

    I would tell the car rental the dealer was mistaken and it was not us and no claim has been put in sorry for the inconvenience
    Now where is my money Please

    • [Deactivated] on 20/05/2018 - 09:54

      This is the correct answer

  • Nutrino on 19/05/2018 - 15:39
    +13

    Hard to read your England.

    • Cheeper on 19/05/2018 - 17:17

      I get it. :-)

  • Findo on 19/05/2018 - 15:45
    +3

    Pls English

  • TheBilly on 19/05/2018 - 20:00

    There is a long story but I will try to make sense.

  • Jun09 on 19/05/2018 - 21:00

    Sorry for confusing you guys with my English.😅

  • Quantumcat on 19/05/2018 - 21:52

    Is there any chance you can talk to your bank and get it back by some kind of chargeback?

    • Jun09 on 19/05/2018 - 22:05

      I don't think…
      Bcs I allow him charge from my card.
      He had my signature too.

      • Quantumcat on 20/05/2018 - 08:58

        You can try asking, and explain the situation. Worst they can do is say no.

    • [Deactivated] on 20/05/2018 - 09:54

      usually 3 months for a charge back

  • Sweetnsour on 20/05/2018 - 08:02
    +1

    Lesson learnt car salesmen are most untrustworthy people. Their word is worth nothing unless on paper and verified by third party.

    • whooah1979 on 20/05/2018 - 09:06
      +1

      We purchased two vehicles 17/18 for business use. Both the dealership and the used dealer were very helpful. The transactions were conducted without any issues. We would definitely purchase from these dealers in future.

  • [Deactivated] on 20/05/2018 - 08:46
    +1

    Ask Stephanie to recommend a cheap lawyer.

  • HeWhoKnows on 20/05/2018 - 09:10
    -1

    OP's outline is indeed confusing.
    Just cut out the "he said, I said" bit and get the the point.
    Exactly what happened and when - point by point - without the "he said, I said"
    Thats all anyone wants to know.

  • whooah1979 on 20/05/2018 - 09:13
    +3

    Next time don’t disclose particulars when in doubt, and don’t volunteer answers other then to the questions that are being asked.

  • [Deactivated] on 20/05/2018 - 09:38
    +1

    I had no trouble understanding OP's outline. Nor sure why OzBargainers can't read

  • gomazz on 20/05/2018 - 15:01
    +1

    Contact Fair Trading in your state. They will sort it out for you.

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