How can I be responsible for damage that happened while I had the car, if the damage wasn’t my fault?

When you borrow a car, you are responsible for any damage that happens while it is in your possession. This includes damage caused by events you can’t control, like a hit and run driver or a hailstorm.  

This rule is set out in the Damage Policy (see ‘Who is responsible for damage?’) and in clause 9.1 of the Member Agreement, which states:

“If You Borrow a Vehicle, You must return it to the Owner in the same condition that it was in at the start of the Booking. You are responsible to the Owner and to Us for all Loss and Damage that occurs while You have possession of the Vehicle.”

Under the Damage Policy, a Borrower is considered to be in possession of a car from:

  • in the case of an Instant Key Vehicle, the time they unlock the Lockbox or access the
    Vehicle at the commencement of a Booking until they lock the Vehicle, return the key
    to the Lockbox (other than in the case of a Vehicle with keyless entry) and end their
    Booking; and
  • in the case of a Key Handover Vehicle, the time they collect the key for the Vehicle at
    the commencement of the Booking until they lock the Vehicle, return the key as
    required by the Agreement and end their Booking.

This period may not match exactly the time for which they have made a Booking for the
Vehicle (for example, if the Borrower picks the Vehicle up late or returns it early).

The Owner is considered to have possession of the Vehicle at all other times.

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