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help: Jucy car rental insurance void for careless drive

Travel Forums Australia / New Zealand & The Pacific help: Jucy car rental insurance void for careless drive

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1. Posted by zergbird (Budding Member 8 posts) 4y

zergbird has indicated that this thread is about Christchurch

I rent a car in Nea Zealand from Jucy (http://www.jucy.co.nz/ ). I brought their stress free insurance (i thought it is full

cover insurance). Unfortunately, I failed to stop at a giveway and crash the car. And I was charged as careless

drive.

Jucy told me that the insurance become void because I was charged. Meanwhile, the 3rd part insurance company also

wanted our insurance company (jucy) to pay the car repairing fee, and Jucy put it to me as contract become void.

here is the term: http://www.jucy.co.nz/vehicles/pdfs/carTerms....
they say I breached the term 9(d): The hirer should not: Operate the vehicle or permit it to be operated in breach

of the Transport Act 1962, the Traffic Regulations 1976 or any other Act, regulations or by laws relating to road

traffic.

Even worse, Jucy directly charge me using my credit i gave them before without any permission or authorization. Is

that legal?

I am not familiar with NZ. But in my country, in this case, the insurance company should pay everything. I feel i

was cheated.

Any people can help and tell me what to do now? Shall I hire a lawyer?

2. Posted by Sander (Moderator 4811 posts) 4y

Wow. I've also had a bad experience relating to Jucy and insurance (I've started to believe car rental insurance is just one big racket), but this really tops it all.

I wish I could advice you usefully. I think whether or not to hire a lawyer depends mostly on the total amount of damages (which I'm guessing should be a maximum $2000, as it's only the excess options which are void - but of course, it could be much more due to the third party claim), but if you do, the most likely defense against Jucy would be dependent on how they advertise this insurance: On the website they say "Stress Free" and "$0" for "Your excess in the event of an accident" (emphasis mine) with a neat little drawing of a head-on collision. That'd make me think that "a reasonable person" (I don't know if that concept exists in New Zealand law) would assume as you did about the coverage, which - together with the way car rental companies push insurance with unclear tiny terms under high pressure - could mean that they'd be bound by the assumed promises rather than the actual text of the contract. But that'd be a lengthy process which Jucy would probably fight all-out.
The alternative would be to fight the careless driving charge. If the giveway sign was badly visible or similar, that might be viable as well.

I'd say it'd be worth finding and contacting a New Zealand lawyer for at least an initial talk on your chances of success if you were to try and fight this.

I hope this helps you at least a tiny little bit. Good luck with it, and if you do end up contacting a lawyer, let us know how things proceed!

[ Edit: Edited on 16-Oct-2011, at 04:10 by Sander ]

3. Posted by zergbird (Budding Member 8 posts) 4y

Hi Sander,

Thanks so much for your advice. It is very help. The amount is quite big: totally near 30K NZD for 2 car: mine and 3rd part. So I should go to a lawyer...

[ Edit: Edited on 16-Oct-2011, at 04:32 by zergbird ]

4. Posted by JucyLucy (Budding Member 2 posts) 4y

Hi Zergbird

It is never good to read that someone has had a negative JUCY Experience.

Your case has been passed onto our Chief Operating Officer who is now looking into the file with our Insurance Company and Lawyers to get a better understanding of the situation and the liabilities. He has informed me he has been in contact with you directly requesting further information.

JUCY is not in the business of taking advantage of our customers misfortunes and we will work with you to ensure the best possible outcome. At this time the information we have is that you were charged and convicted through the New Zealand Courts which in turn has breached the rental agreement you had with JUCY. I would like to assure you that if we are able to establish through investigation that the terms have not been breached we will 100% honour the coverage of the damage to both the 3rd party property and our vehicle.

I do hope that you have received the communication from our Chief Operating Officer and you can work directly with him to find favourable solution to your concerns.

Cheers
Lucy

5. Posted by Peter (Admin 5789 posts) 4y

I know in Australia car insurances will not pay up if you're driving under influence, but a simple mistake in obeying signs is a whole other thing. What's even the point of insurance like that?? Clearly something to really watch out for if they are indeed legally allowed to have such terms in NZ.

6. Posted by Dodger (Inactive 875 posts) 4y

So wait. Jucy sells its customers insurance, then when you have an accident and need it, it becomes void!? What sort of company is this? It's nice to see that someone at Jucy has stepped up and addressed this here, but why did it even happen in the first place? I hope they explain this to everyone here, or I for one will certainly spread word what a rip off they are.

to the OP, you might want to contact your credit card company and put the matter in dispute. This will at least put the amount back in your account, so you don't accrue interest while it's being disputed.

7. Posted by zergbird (Budding Member 8 posts) 4y

Thanks Dogger. I will do that. I will come back with the outcomes. Also thanks for Lucy's responding. I will check the email and response.

[ Edit: Edited on 20-Oct-2011, at 21:18 by zergbird ]

8. Posted by majito (Respected Member 442 posts) 4y

I have to agree with Peter: driving is a risky business and insurance is designed to manage that risk. It's for when good times go bad; when mistakes occur, yet here is another classic case of an insurance company running for cover when it should be standing behind it's product. People don't mean to drive through signs and hit other people, but it happens.

A good and proper insurance policy for cars means your liability should not be more than the excess amount you paid for even if you were at fault. [i] Within reason of course. Kind of fair isn't it?

9. Posted by zergbird (Budding Member 8 posts) 4y

Thanks majito. Even worse, they charged me 30K NZD for repairing 2 old cars. That money can buy 2!.

10. Posted by majito (Respected Member 442 posts) 4y

Did you see the repair bills or quotes for fixing the cars? $30,000 is a huge amount! Most Jucy Campers are 2nd-hand and probably worth under 10k. Surely the insurance company would have written them off as they rarely undertake such expensive repairs. And I wonder if Jucy's insurance company paid for it (or some of it).

I think you have a right to get all the details. The link below is to New Zealands Government Consumer Affairs website. This section deals specifically with rental cars. It will tell you how to lay a complaint and questions to ask of the rental car company.

http://www.consumeraffairs.govt.nz/for-consumers/motor-vehicles/rental-car-problems

I am a kiwi and do work in tourism and am very familiar with Jucy. The owners are very stand-up guys and the company does have a good reputation. That said it seems the insurance we spend so much money on seems to carry no weight at all when you actually need it. They call it "stress free" but you only need it when you make a mistake and the insurance doesn't benefit you when you do so. Surely there's a case in there somewhere for some sort of fraud. They should call it "Stress Free (as long as you're accident free)".

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