NSW Hit by a rental car. What are our rights when not at fault?

[SGK]

Last november we were travelling down a main road in Maroubra when we were struck by a vehicle that went straight through a give way sign and into the drivers side of our car. The driver admited they were at fault and we even got a contact witness. Police were called but refused to come. Turns out the car was a rental from Hertz and the driver had to organise for it to be towed away. We were able to drive away, but there has been significant damage to the car and we are not able to use it since. We are not insured but cannot understand why this continues to be a problem as we are 100% not at fault.

We contacted Hertz, got the ball rolling on the claim by doing as asked and gathering several quotes. Since that time nothing has happened and when we contact Hertz they say that their client has not fulfilled their agreement or that they do not represent the client and therefore can't do anything.

We have sent a letter of demand to both Hertz and their client. There has been no response.

My question is, what are our rights? Was this driver automatically self-insured by driving a rental car? What can we do? Can anyone help us?

 

[SGK]

Can anyone help us with this question?

 

[Atticus]

My thoughts....

Most hire car companies offer insurance to renters. If they choose not to take out cover they risk being charged very high fees in the event of an accident... this is usually included as part of the contract they sign & is debited from the CC they use to hire a vehicle...

In any case, I suspect Hertz is responsible for covering your costs & pursuing payment from their client ( if there is a problem with that client 'not fulfilling their agreement'... whatever that may means)

Are you a member of any auto club? .... If so, they may be able to assist with legal advice
Failing that, you may have to pursue the actual driver... I assume you have what is required to take them to court if you have already sent a letter of demand? (full name, address, licence number etc).... Any info you can get from Hertz relating to them not fulfilling their agreement may help your case

 

[SGK]

Atticus,

Thank you so much for replying to this thread and for your advice.

It's hard for us to know who we should be pursuingm but we have always assumed it should be the rental company. After the letter of demand was sent to the driver of the car, they changed their contact details and have pretty much done a runner. As we understand it, they owe Hertz a lot of money. Hertz aren't willing to assist us with regards to who we should be pursuing on this front, we have sent them a letter of demand also.

Good advice regarding the auto club, I will try to make contact and see if they can assist.

Thank you again.