Disputes about when certain damage occurred
Each Borrower is responsible for taking and uploading photos to document the condition of
each Vehicle that they Book, at the start and end of their possession of the Vehicle. Owners
are responsible for checking their car and reporting damage to Uber Carshare.
If an Owner reports damage to their Vehicle and it is unclear who caused the damage, then
the last Borrower who had possession of the Vehicle will be responsible for the damage,
unless:
● they show that the damage happened before they took possession of the Vehicle,
through photos taken when they took possession of the Vehicle, in which case this
process will be repeated in respect of prior Bookings; or
● they show that the damage happened after they ceased to have possession of the
Vehicle, through photos taken at the end of their Booking Period (and after they
finished driving the Vehicle), in which case the Owner is responsible.
If, after this process is complete, the damage cannot be attributed to any Borrower who had
the Vehicle in the 42 days before the damage is reported, then the Owner may continue to
review older trip photos and if they find photos that show that the damage happened during a
Borrower's trip, they may communicate with that Borrower in respect of the repairs - but Uber
Carshare will not assist with any investigation of, or recovery of payment for, damage that
happened more than 42 days before it was reported.
To illustrate the operation of this damage policy:
Scenario 1: An Owner reports damage and it is unclear who caused the damage.
The last Borrower did not upload any photos at the end of their trip.
Result: The last Borrower will be responsible for the damage. The Borrower can
claim on TripCover and if their claim is paid, the amount of their liability will be limited
to paying the Excess – see the PDS, Protection Wording and FSG and your
Protection Schedule for details.
Scenario 2: An Owner reports damage and it is unclear who caused the damage.
The last Borrower's start-of-trip photos show that the damage was already there
before they drove the Vehicle. The process is repeated for the prior Borrower. The
prior Borrower's end-of-trip photos show that the damage was not there when they
left the Vehicle. The Owner had possession of the Vehicle between Bookings.
Result: The Owner is responsible for the damage (up to their Damage and Loss
Liability) (because the damage must have occurred between the two Borrowers'
trips). If the car has Between-Booking Cover the Owner can claim on it and if their
claim is paid, the amount of their liability will be limited to paying the Excess – see the
Between-Booking Cover PDS, Protection Wording and FSG and your Protection
Schedule for details.
Scenario 3: An Owner reports damage and it is unclear who caused the damage.
The last Borrower (Borrower 1) uploaded start-of-trip photos showing that the
damage was already there before they drove the Vehicle. The process is repeated
for the prior Borrower (Borrower 2). Borrower 2 did not upload any photos before or
after their trip.
Result: Borrower 2 is responsible for the damage (up to their Damage and Loss
Liability). This is the case even though the Owner had possession of the Vehicle