Car hire wants €9000 in damages

[reilly_22]

Hi All,

Looking for some advice on the following.

Hired a car from Sixt in Italy in September 2020 (booked online in the UK ahead of picking it up). As part of the package, I selected the basic level Collison Damage Waiver, which had an excess €1000. So my understanding, if there are any damages, I'm liable for up to the first €1000 worth.

Unfortunately, we had a collision with another car (an Italian driver) on the first day of the hire. No injuries to anyone, but both car's were damaged and had to be towed away.

The collision occurred as we left a stop junction that crossed two lanes of traffic. A scooter on the far side lane had slowed and was waving us through. As we left the junction, we hit another car coming from the other direction (this car was leaving a slipway of a motorway, so was travelling at some speed at was coming from a bend/slope so the view of the road offers minimal view). One of those split second incidents unfortunately.

The police were called and arrived about an hour after the crash. After a few hours of paperwork filling in (me and the other driver filled in a traffic accident report both with our sides of the story), the police issued me with a fixed penalty fine for failing to stop at a stop sign. This was approx €120. Note: at this point no-one had spoken english, and we didn't speak Italian...

A local taxi driver had stopped and with his best ' survival english' told us it was better to pay the fee now, otherwise I'd have my driving license and passport confiscated and need to go to the police station etc. We decided to pay the fee on this basis. The car was towed and we continued on our journey.

We picked up another hire car from Sixt the following day, and told at the counter that Sixt would be in touch after the end of the rental period.

On return to the UK, we received an email to fill an online damage report and supply any documents from the crash, which I did.

Sixt emailed a month or so later, on 28/10/20, saying

Further to our letter notifying you of damage to the vehicle following your period of rental, we have considered the evidence available and we believe you are responsible for the damage under our Terms and Conditions.

We also believe that the Terms and Conditions of rental have been breached for the following reason: Failure to observe stop sign

As a result, your liability will not be limited to the excess amount of 1.000,00 EUR and we will be seeking all of our losses from you.

We have received the respective documents stating our loss caused by the damage. Please find attached the outlined charges.

They then attached a broken down invoice, with images from a garage, that states the damage / repairs are in excess of €9000! And that this is what I now owe them.

I emailed back, explaining the incident in full, and that I disputed the charge as i felt this was an unfair contract term and had been sold something not fit for purpose (a collision damage waiver that doesn't cover damage sustained in a collision). I also said I'd be happy to pay the €1000 as per the Collision Damage Waiver agreement.

They replied with the following on 01/12/20.

We would like to inform you that as you can read in the section of our web site "Sixt rental Information Italy" there's a specific explanation about the Collision damage waiver.

"Collision damage waiver removes the drivers responsibility to a part of the vehicle in case of damage.If collision damage waiver is accepted, the customer is entitled, depending on the vehicle, to a deductible of EUR 1,000.00 to EUR 2,800.00.
In addition, a reduction of the deductible is possible.
In the event of willful or grossly negligent damage caused, a claim on the agreed fully comprehensive cover (incl. theft cover) can be reduced overlapsed.

If no fully comprehensive cover has been arranged, the leaser is responsible for all damage to the car not proven to be caused by a third party, and shall be liable for up to the full value of the vehicle"

Your insurance deductible lapses when an act of gross negligence has occurred.
According with (art. 143 -Italian Codice della strada), as reported in the police report , you have not complied with the obligation to stop at the "stop" road sign.


I emailed back, to say I continue to dispute the claim for the same reasons as per my last email. And we've had a few more rounds of email tennis until this week, in which they said:

Due to your rejection, we will be compelled to initiate legal proceedings without further notice.
Any legal costs will be debited to you in addition and your case will be forwarded to the debt collectors office.


I then received an email from their Debt Collectors (a German company, who I imagine deal with all Sixt claims) who say I have until the 06/02/21 to pay.

I'm not sure what best to do next.

I'd contacted the ECC at the start of this, but they've been very little use.

There's the European Car Rental Conciliation Service (ECRCS) who are essentially an ombudsman, set up to deal with cross European car rental disputes, so think that's my next best port of call.

• Any advice on next steps would be appreciated! Do I reply to the Debt Collectors email saying I want to continue to dispute the claim?
• I'm not sure Sixt have followed the following procedure outlined by the codes of conduct outlined by the ECRCS:
  • where the Customer challenges any alleged damage or the charge, the charge should be put on hold pending further consideration. or resolution of the dispute;
  • Advise Customers on the steps they should take if they dispute the charges, including details of how to contact the customer services department, any available alternative dispute resolution bodies if they wish to challenge the company’s final decision, and on the network of the European Consumer Centres for advice and information on cross- border disputes.
• In terms of Sixt's claim - that I have broken their T&C's - is there anything further I can push back on here? T&C's here: https://www.sixt.it/fileadmin/sys/agb/sixt_IT_en.pdf

Any advice would be very welcome. I've no experience dealing with legal matters like this before. I'm also conscious that Sixt are now charging 5% interest on the damage fees, which at €9000, means it could get costly quite quickly.

[Celestine]

Check your household and motor insurance policies in Uk to see if you have any legal protection or cover?

Fine print nightmare here I'm afraid. There is a real issue with hire car fee transparency.

[islandgirl]

I have hired from Sixt in Italy and they seem very haphazard and unprofessional. Also I love Italy but the standard of driving leads a lot to be desired and there but for the grace of God (and good brakes)....If you had fully comp insurance with them (or with another party) why is the liability yours? Have you been through the terms of your insurance in full? This is not going to be easy but I am sure that people here will help if they can!

[reilly_22]

Thanks for the quick replies.

Unfortunately, no household or motor insurance to fall back on here in the UK (renting and don't own a car).

They're saying the liability is now mine as they believe I was grossly negligent (by failing to stop at a stop sign as per the police fine), which means they are entitled to reduce/remove the limitation/exclusion of the renter's liability.

[islandgirl]

Thank you for the reply but what does the actual insurance contract say?? Given that you accepted that you went through a stop sign (even if you did not and for understandable reasons) then you may find this hard to get out of. Can you check your policy?

[reilly_22]

Thank you for the reply but what does the actual insurance contract say?? Given that you accepted that you went through a stop sign (even if you did not and for understandable reasons) then you may find this hard to get out of. Can you check your policy?

Thanks for your reply Islandgirl.

The below is lifted from Sixt T&C's (which you agree to by default when you hire a car with them). In their correspondence, Sixt have picked out elements from under Section J.2. that allow them to not limit the liability to the €1000 excess.



G. Damage claim, theft, obligation to report, obligations

1. After an incident, accident, theft, fire, impact with wild animals or other damage, the renter is obliged to inform the police in a timely manner (by telephone or by going directly to the nearest police station) to request their intervention. This obligation also applies in the case of minimal damage to the vehicle and also in the case of accidents caused by one's own fault without the involvement of any third party.
2. For any damage to the vehicle occurring during the rental period, the renter is obliged to inform Sixt immediately in writing (including by e-mail: damage-it@sixt.com) of all details relating to the event that caused the damage to the vehicle. This applies if a vehicle or its parts are stolen. For this purpose, the renter will fill in the pre-printed claim form attached to the vehicle documents, completing all the sections carefully and faithfully. The form can also be requested by telephoning Sixt at any time or downloaded from its web pages.
3. The renter or driver of the vehicle is obliged to take all necessary and useful steps to shed light on the causes of the event. This entails in particular the obligation to respond faithfully and in detail to Sixt's requests regarding the circumstances of the accident and to not leave the place where the accident occurred before all the checks have been made that are necessary and, above all, essential for Sixt in order to ascertain what happened, or before Sixt has been allowed to carry out its assessment.

I. Sixt's liability

1. Sixt is liable in cases of intent or gross negligence on its part, or that of its representative or agent, as provided for by current applicable legal provisions. Sixt only responds to damage to life, physical integrity and health. The right to compensation for damages due to a breach of fundamental contractual obligations is limited to contractually foreseeable damage.
2. Sixt shall not be liable for things left in the vehicle when it is dropped off; this exemption shall not apply in the event of wilful misconduct or gross negligence on the part of Sixt, its representatives or agents.

J. Liability of the renter

1. In the event of damage to the vehicle, loss of the vehicle or breach of the rental agreement, the renter shall be liable in accordance with the general rules on liability. In particular, the renter and/or driver of the vehicle cannot be held liable in the event of a breach of contract due to causes beyond their control.
2. The renter - by paying a certain amount - has the right to limit or exclude his/her liability for damages suffered by Sixt in the event of an accident. This limitation or exclusion of contractual liability follows the criteria established for the total coverage of risks (damage/theft Insurance). In return for a specified payment, the renter or additional driver subject to the limitation or exclusion of contractual liability shall only be liable for damages up to the predetermined deductible amount. This limitation or contractual exclusion of liability shall not apply if the damage was caused intentionally or if the renter or additional driver wilfully breached an obligation, particularly anything under letter G of these T&Cs. If there is any gross negligence by the renter, Sixt is entitled to reduce the limitation or exclusion of the renter's liability under this paragraph in proportion to the severity of the renter's negligence. Notwithstanding the provisions set forth above, the agreed limitation and/or exemption of liability cannot be reduced by Sixt in the event that, although the renter has violated his/her obligations with gross negligence, the relative violation is not causal to the circumstance of limitation and/or exclusion of liability, nor to the ascertainment or the nature of Sixt's exemption obligation; this exception does not apply in the event of a wilful violation of the obligation.
   
   This contractual exclusion of liability shall apply only during the period of validity of the rental contract.
3. The maximum amount that can be charged to the renter for damage is the deductible indicated in the price lists displayed and valid when the rental contract is stipulate.
   
   The renter is obliged to reimburse Sixt an amount for the handling of the claim, depending on the extent of the damage. In the event of an agreed limitation of liability, a processing fee will be charged in addition to the deductible, in accordance with the provisions set out below.

[islandgirl]

Thank you very interesting- I am not a lawyer and hope someone with more knowledge will come along
My questions are: what is "gross negligence"? Is it defiened anywhere?
The contract says -"This limitation or contractual exclusion of liability shall not apply if the damage was caused intentionally or if the renter or additional driver wilfully breached an obligation, particularly anything under letter G of these T&Cs." I don't see that you breached anything under letter G?

[des8]

I would be disputing the claim on the basis that

1) for a UK resident purchasing comprehensive insurance insufficient attention was drawn to the fact that CDW in Italy may not include cover for damage caused by "wilful (note corrected spelling!) or grossly negligent" behaviour
Their General Rental Terms don't mention it, and when you finally find the Italian page (Rental Information (sixt.co.uk) one's attention is not drawn to it!

2) accidentally failing to yield at a stop sign is not grossly negligent but constitutes simple negligence
UK civil law does not distinguish between the two, whereas in Italian civil cases it is for the judge to decide the degree of negligence.
In the absence of a court hearing I would dispute their description of "gross"

[islandgirl]

Good advice - I am learning Italian so if you need any help in that area I can try!

[reilly_22]

Thank you both for your replies - your thoughts are exactly in line with mine!

islandgirl - No, there's no definition of 'gross negligence' anywhere in the contract. And thank you for your offer of translation, much appreciated!

des8 - Thanks for this, your first point is particularly useful and not something I had yet highlighted to them.

In terms of next steps, i've approached a few solicitors/legal firms today to just have an initial discussion about next steps. Just waiting on hearing back from them.

I've also lodged a complaint with Sixt customer services, over a week ago so waiting for a response from them.

I'm thinking of approaching the ECRCS too - so can build in your above points to my letter to them.

In terms of the Debt Collection Agency, should I inform them of the above and what i'm doing? Are they obliged to hold off legal proceedings etc. whilst I continue to dispute the claim?

[des8]

In would just tell the DCA that the alleged debt is in dispute and they should return it to their principals.
Don't give any other explanation

[islandgirl]

I agree. Quote the code of conduct you mentioned in your first post.

[kma_23]

Hi Reilly and all,

Conscious that a couple of years have passed now since these posts, but I'm now in a very similar situation, though Sixt is asking me for 26,000...

It wasn't a stop sign, but rather a very poorly-signed one-way street (or rather, one block of a long street through a small village that was one way). It was an unfortunate confluence of events, where Google Maps sent us down that block, and another car ran a stop sign, presumably only looking in the direction that traffic was supposed to be coming from.

In any instance, I've gotten the same email from Sixt. It's early stages and I haven't raised a dispute or anything yet. Considering speaking with some lawyers in Italy, but wanted to see if there's any update on where your situation ended up.

Thanks very much