Ask an expert

Hi
I signed an agreement for hire car that implied insurance cover was included.
Had an accident, only third party damage.
Theyre insurers are taking the hire firm to disputes tribunal for costs recovery.
turns out hire the hire car wasn't covered by insurance
I was not "offered" insurance cover, and also not given a copy of the agreement. (Both are NZTA rules)
The firm handwrote "excess $1000) beside my signature for liability, but never filled out all the clauses rec excess etc.
As the third party insurers are going the hire fim directly, I miss out on the Knock for Knock agreement which would have seen me not have to pay an excess for the third party damages.
Had I known insurance cover didn't exist, I would never have hired the car.
Question; is the hire firm in breach of the contract, and therefor am I still liable for ANY costs of damages (total $1600).

The Hire firm say I am in breach of the agreement, because I didn't report the damage immediately . I visited them and got a copy of my agreement first, to check I was covered by insurance and my obligations. didn't tell them about damage then, but did next morning, within 24 hours. Given they were in breach of NZTA rules for not providing a copy of the agreement, was I entitled to check the agreement before notifying them?
Thanks

Unfortunately, this is a messy situation and if you can't reach agreement with the rental company, I'd suggest you may need to go to the Disputes Tribunal.
As your question ultimately relates to whether or not you were in breach by not notifying the rental company immediately, this is only something that can really only be determined by an arbitrator at the Tribunal.
While it's no help to you now (after the fact), it should serve as a reminder to others hiring vehicles to insist on getting a copy of the agreement and a clear record of your maximum liability in the event of a situation such as this.
Good luck with getting this matter resolved.