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Apex Car Rentals Refusing to Submit Documents to Rental Insurance?

Discussion in 'Australian Consumer Law Forum' started by Hannah Belektor, 21 June 2016.

  1. Hannah Belektor

    21 June 2016
    Likes Received:

    While visiting Australia in May, I rented a car through Apex Car Rentals. Within 15 minutes of driving the vehicle, the brakes completely stopped working (even the emergency brake failed to stop the car), and I was forced to crash into a pole to stop. It seems there was a leak in the brake line, as there was no brake fluid left in the car and there was a trail of brake fluid leading up to the accident. However, the mechanics at the rental company claim the brakes "work fine", despite them also claiming the brake fluid canister was empty (they say it was damaged in the crash, but that isn't true).

    I denied their rental insurance coverage because I have rental insurance of my own through CapitalOne MasterCard. I am in the process of submitting a claim through them, however, the claims manager at Apex refuses to submit the necessary documentation (Closing Agreement and Estimated Cost of Damages) to CapitalOne until I pay the full excess for damages (some $2700). He claims that I am currently "in breach of contract" for having not yet paid the full excess, but I have told them time and time again that it is my insurance company who will be paying for damages, not I. He still refuses to believe that and will not submit the documents.

    So I would like to know: is it legal for the claims manager at Apex Car Rentals to refuse to submit the Closing Agreement and Estimated Cost of Damages to my insurance company? Or am I legally entitled to those documents?

    Thank you!
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    Hi Hannah,

    I would start by reading the agreement that you signed with Apex when you hired their car and determine whether you are allowed to opt to use your own insurance and determine when the obligation to pay the excess arises. You may have to pay the excess regardless of whether you use your own car insurance or not. That should be your first step - the agreement.
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