Andre0720 Posted February 23, 2016 Share Posted February 23, 2016 Hi, anyone has information on this subject. I rented a car, and while I was stopped at a red light, another driver hit the back of my car, making substantial damages. The two insurance companies, the one of the car I was renting/driving and the one that hit me, looked at the situation, and determined that I was not responsible, and that the insurance of the car that hit my car had to pay for all damages. All good at the onset. But then the owner of the car that I was renting says that I must pay for the rental during the time that the rental car is in for repairs. The repairs might take one month or more to be completed, since some parts must come from Bangkok. I checked the contract, and it actually stipulates that if an accident occurs, without any mention of who is responsible, that I am liable to pay any amount that the owner feels he or she is losing during the repairs. In this instance, it is the rental money that is owed even if the car is in for repairs. The owner has only one car, therefore, a substitute car is not a possible option. During the repairs, I had to rent another car to conduct my regular business, so I would have to pay again for the car that is in for repairs. Anyone can give me advice on this, I would appreciate. Thanks Link to comment Share on other sites More sharing options...
Nomyai Posted February 23, 2016 Share Posted February 23, 2016 you are screwed. Link to comment Share on other sites More sharing options...
Ghostmanthai Posted February 23, 2016 Share Posted February 23, 2016 He is scamming you regardless. If its in the contract and you signed it there will not be much you can do. I would suggest if you are wanting to get it paid have the person who rear ended you provide you was a like car for the rest of your business time there. You can pay the bill for the one while it is at the shop and then it's a wash. Other options are going to involve courts or lawyers and case that's a lose / lose situation. Wish you luck let us know how this pans out. Link to comment Share on other sites More sharing options...
PattayaAl Posted February 23, 2016 Share Posted February 23, 2016 If it says so in the contract, legally you are liable. The question of what is moral and what is not does not really matter in this situation. Put yourself in the owners shoes. Repairs do not take one month, so best advice i can give you is to negotiate the amount down to 10 days. Start with 7 days, and go up to 10. I am almost certain owner would agree, his other option is to sue you, which would take months if not years and cost him legal fees. Your offer of 10 days would be considered reasonable by the courts and he would have to accept the 10 days, and be out of pocket for legal costs. So if he does not agree to 10 days, make sure to make your offer in writing, to keep it as evidence, should matter go to court or even to police station Link to comment Share on other sites More sharing options...
sandgroper2 Posted February 23, 2016 Share Posted February 23, 2016 Years ago, Homer Simpson went to hell because he didnt read the small print on a contract. Let that be a lesson to you all. Link to comment Share on other sites More sharing options...
Thian Posted February 23, 2016 Share Posted February 23, 2016 If you have a good travelinsurance then call them. My insurance even offers me a free lawyer or any other assistance i might need worldwide. Link to comment Share on other sites More sharing options...
Andre0720 Posted February 23, 2016 Author Share Posted February 23, 2016 If you have a good travelinsurance then call them. My insurance even offers me a free lawyer or any other assistance i might need worldwide. Sounds like a useful advice. Thanks Link to comment Share on other sites More sharing options...
thrilled Posted February 23, 2016 Share Posted February 23, 2016 That's A problem with doing business in other countries.Don't have any idea what the outcome will be.It seems now days you need A lawyer just to rent A car. Link to comment Share on other sites More sharing options...
KMartinHandyman Posted February 23, 2016 Share Posted February 23, 2016 The driver at faults insurance should pay for the loss of your vehicle during the repair period. That's standard in U.S. Link to comment Share on other sites More sharing options...
thedemon Posted February 23, 2016 Share Posted February 23, 2016 What, if any, guarantee did you give when you rented the car? Credit card or cash? Normally with small car rent companies or individuals it is just 2-3000 Baht cash Don't worry about a ridiculous clause in some homemade contract. The contract might well say if you have an accident, the owner can cut off your arm. But he still can't do that. Obviously any deposit is gone but other than that just refuse to pay. Link to comment Share on other sites More sharing options...
elgordo38 Posted February 23, 2016 Share Posted February 23, 2016 Years ago, Homer Simpson went to hell because he didnt read the small print on a contract. Let that be a lesson to you all. Here you must check the contract, count your change, check the quality of the item you are buying, buy from a reputable (hopefully) retailer. If you have heard the term "Buyer Beware" it applies here in spades. Its always a long trip back and a long argument (which you normally lose) to get satisfaction. Link to comment Share on other sites More sharing options...
PattayaAl Posted February 23, 2016 Share Posted February 23, 2016 What, if any, guarantee did you give when you rented the car? Credit card or cash? Normally with small car rent companies or individuals it is just 2-3000 Baht cash Don't worry about a ridiculous clause in some homemade contract. The contract might well say if you have an accident, the owner can cut off your arm. But he still can't do that. Obviously any deposit is gone but other than that just refuse to pay. The worst advice ever . Best you do not give anyone any advice. It makes little difference if contract was made at home or farm or lawyers office . What does matter is that OP signed it. Should OP follow your advice, he will most likely be arrested, passport confiscated and awaiting trial in the cells if unlucky enough. Link to comment Share on other sites More sharing options...
shirtless Posted February 23, 2016 Share Posted February 23, 2016 this is Thailand contracts mean nothing Link to comment Share on other sites More sharing options...
kannot Posted February 23, 2016 Share Posted February 23, 2016 Tell them youre not paying and see what happens, then swerve round any attempts to make payment for a year or so Link to comment Share on other sites More sharing options...
KittenKong Posted February 24, 2016 Share Posted February 24, 2016 This is why I would only ever rent from one of the big international car rental agencies, and take their zero-excess insurance option. They dont even cost much more than these local rip-off agencies, and if something goes wrong would probably work out much cheaper. Link to comment Share on other sites More sharing options...
alant Posted February 24, 2016 Share Posted February 24, 2016 Years ago, Homer Simpson went to hell because he didnt read the small print on a contract. Let that be a lesson to you all. I admit to contract skipping, usually on software and apps for my pc and phone. I would be surprised if all others read the contracts they are presented with even if you do. Link to comment Share on other sites More sharing options...
Andre0720 Posted February 24, 2016 Author Share Posted February 24, 2016 And strangely enough, this contract is off a thick pad that provides a carbon copy, looks like a standard contract prepared in Thailand, (by thais for sure), in English and thai language. And it strangely reads as if the billing to the lessee is done at the whim of the lesser in case of a non-responsible accident. Link to comment Share on other sites More sharing options...
Thian Posted February 24, 2016 Share Posted February 24, 2016 Just call one of those helpdesks for consumers....the numbers are here on the site somewhere....They can help with ANY issue and some members rave about them. Link to comment Share on other sites More sharing options...
AlQaholic Posted February 24, 2016 Share Posted February 24, 2016 (edited) Do not pay him and rent a car from someone else, tell him you stopped renting his car the day before the accident. Edited February 24, 2016 by AlQaholic Link to comment Share on other sites More sharing options...
elgenon Posted February 24, 2016 Share Posted February 24, 2016 American car rental companies are charging for this "loss of use" even if they have other cars available on the lot for rent. Crazy. But there is a "damage waiver" you can buy from them. Other things are covered by your regular insurance. Always something more you have to pay for. What will they think of next? It seems to me the guy who hit you should be responsible. He caused the car to be unrentable. Have you tried this line of argument with the insurance companies? Sorry to hear of your situation. Good luck. Link to comment Share on other sites More sharing options...
seedy Posted February 24, 2016 Share Posted February 24, 2016 Rant and Off Topic post removed Link to comment Share on other sites More sharing options...
Giggsy Posted February 24, 2016 Share Posted February 24, 2016 He is scamming you regardless. If its in the contract and you signed it there will not be much you can do. I would suggest if you are wanting to get it paid have the person who rear ended you provide you was a like car for the rest of your business time there. You can pay the bill for the one while it is at the shop and then it's a wash. Other options are going to involve courts or lawyers and case that's a lose / lose situation. Wish you luck let us know how this pans out. This is not a scam. What a ridiculous comment. The owner of the car is losing potential rental money every day the car is in the garage. He has every right to charge the customer. As soon as you take the car, it becomes your responsibility. He sighed the contract. Period !! Link to comment Share on other sites More sharing options...
ljd1308 Posted February 24, 2016 Share Posted February 24, 2016 How long did you rent his car for? I presume you paid in advance, so that money is gone anyway. From his perspective he is losing money by the car being off the road through no fault of his own, if he only rents one car out then it is likely his livelyhood. Best just to negotiate a flat rate with him that you are both comfortable with. Link to comment Share on other sites More sharing options...
Bredbury Blue Posted February 24, 2016 Share Posted February 24, 2016 "The two insurance companies, the one of the car I was renting/driving and the one that hit me, looked at the situation, and determined that I was not responsible, and that the insurance of the car that hit my car had to pay for all damages. All good at the onset. But then the owner of the car that I was renting says that I must pay for the rental during the time that the rental car is in for repairs. The repairs might take one month or more to be completed, since some parts must come from Bangkok. I checked the contract, and it actually stipulates that if an accident occurs, without any mention of who is responsible, that I am liable to pay any amount that the owner feels he or she is losing during the repairs. In this instance, it is the rental money that is owed even if the car is in for repairs. The owner has only one car, therefore, a substitute car is not a possible option." You were hit from behind. The two insurance companies deemed the other party, not you, responsible. That would be my response to the person who hit you...you, not me are responsible for the consequences of the damage...in fact i would be countering that persons claim to you for a repair period rental car with my own claim for a repair period rental car to the other party. Has this other person seen your car rental contract you refer to? No? Then the other party can't know what's in it so dont worry about it. This car rental clause you refer to, you sure you are understanding it correctly. Maybe take a photo of that clause and post it here for review. I've been hit atleast 4 times, every time deemed the other party's fault, my car repair costs were paid by my insurance company but not once have i been allowed a repair period rental car. Link to comment Share on other sites More sharing options...
Sydebolle Posted February 24, 2016 Share Posted February 24, 2016 Face the music and pay. Next time you might want to resort to real car rentals; in this field - as proven - there is professionalism and layman ship too. Would have never happened to you with Budget, Hertz, Avis, Sixt - just to name a few and the difference in rental price is marginal compared to what you have to pay now. Link to comment Share on other sites More sharing options...
mesterm Posted February 24, 2016 Share Posted February 24, 2016 Get a look thep. Link to comment Share on other sites More sharing options...
csabo Posted February 24, 2016 Share Posted February 24, 2016 If you have a good travelinsurance then call them. My insurance even offers me a free lawyer or any other assistance i might need worldwide. I'll believe that when I see it. A lot of companies promise a lot of things and then suddenly when you call them the only thing you get a load of crap. A worldwide network of lawyers just waiting for your call huh? Yeah right. Link to comment Share on other sites More sharing options...
Autonuaq Posted February 24, 2016 Share Posted February 24, 2016 lesson number one is rent form your home country if not possible rent form the big guys. Thy have good packages and maximum you can lose is 20000 baht depending on the company. some have 10.000 THB just look at the car and be good at the damages on the car already. mention that the car was seen these light and weather conditions to prevent unseen things as normal day light. always insist on the premium insurance with third party. Thialand there are many scammers and people who know how to clear your and your account Repair of a car is just 5 to 7 days max including waiting time of the parts bring it down to that. start the conversation about the repair and definition the waiting time time you not have to pay. not forget between repairs the car can be used. that he not want you not have to pay. they fly parts in form Bangkok (same day)of can uses a courier (next day). if you sing then only what is reasonable has to be paid. that si in every system modeled to the western way the same Link to comment Share on other sites More sharing options...
little mary sunshine Posted February 24, 2016 Share Posted February 24, 2016 Now you read the contract! You should have read it Before you rented and not agreed to that stipulation. I will be sure to read the contracts from now on and Learned a lesson from your misfortune. Link to comment Share on other sites More sharing options...
snowgard Posted February 24, 2016 Share Posted February 24, 2016 Go to the Consumer Protection Board and talk with their lawyer. It's complete free and him tell you your rights and maybe solve your problem!!! In normal the rental company must charge it from the driver's insurance who is responsible for the accident. You don't made a accident so don't pay!!! So or so this is a civil case. No one take your passport away. If you want fly out without paying you can do it!!! Link to comment Share on other sites More sharing options...
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