Jucy Rentals NZ Jucy insurance void for careless accident Auckland , New Zealand
I rent a car in NZ 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.
They told me 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. It is very blur and unfair to the consumers:
First, it tells you "Stress Free" and "$0" for "Your excess in the event of an accident" with a neat little drawing of a head-on collision. That'd make me think that "a reasonable person" 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.
Second, they do not write careless drive stuff in exclusion section (normally they should). Instead, they write it in the section of 'use of vehicle and addition terms' and use the word like 'operate', most people would think it is about correct usage and won't notice there is a trap there.
At last, even the term 9.d is arguable. I did not intend to breach any law (no drinking, no speeding), that's why we call it accident, even it is because of the carelessness. The insurance should insure the accident, otherwise, what is it designed for? It looks like a joke.
Another funny thing is, when i pick up the car, they gave me a term effective 2010/09/01~2011/03/31. When I tried to spend some time to read it and check car, the staff pushed me to sign and told me I can regret even after i signed.
Even worse, Jucy directly charge me using my credit i gave them before without any permission -- and they even do not send me the bill list now!
I strongly feel I was cheated and mislead by Jucy. Their insurance is like a racket.
2 Updates & Rebuttals
JucyLucy
Auckland,Other,
New Zealand
Response from Jucy
#3UPDATE Employee
Fri, October 21, 2011
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
Jucy Rentals
Robert
Irvine,California,
U.S.A.
Seems pretty clear
#3Consumer Comment
Sun, October 16, 2011
At last, even the term 9.d is arguable. I did not intend to breach any law (no drinking, no speeding), that's why we call it accident, even it is because of the carelessness.
- Where in what you posted says anything about intent? You admit you were careless and were cited for the accident. The clause 9d states that the insurance is void because you received a ticket.
Not sure how the laws in New Zealand work, but if you can fight the ticket in court that may be your only option. If you can get the charge dismissed you can then make the claim that you didn't violate any laws.