AVIS Australia
Rental car insurance

Dear Sir/Madam,
I have been emailing your colleagues at Sureplan for the last nine months concerning my claim RE: Rego XBV296 - Claim No. 00194308. I have saved copies of all correspondence and necessary paper work.
Whilst holidaying in Melbourne, Australia on the 11th of April I hired a car from Avis. Ten minutes into my journey I was hit from behind by another vehicle. The police were immediately contacted and the accident was deemed not my fault. I have a letter from Victoria Police stating this.
On my return to Avis I was told I had to pay the $3066.33 dollars excess due to not taking out the extra insurance. I paid the money as I was warned that I would be blacklisted if I refused to pay and I was assured by an Avis employee that I would get my money back. They gave me a contact at Sureplan to pursue the claim. Sureplan are acting in this matter as they are responsible for underwriting such events.
I have been in contact with Sureplan from July and throughout 10,11,12 and into 2011.
So far the outcome is that the Third Party (TP), i.E. The person at fault, was eventually contacted, they have been asked for the sum of $4073.09 (I am only seeking $3066) and informed of an intention to sue. The TP finally agreed to pay back the sum at $50 per month. Until the full sum is repaid to Avis I will not be reimbursed. Assuming they do not default this will take a minimum of 6 years.
I am not happy with the outcome of this claim.

The accident was not my fault. I have had to wait 9 months for this and am still no closer to being reimbursed my excess. Avis is a large company who can afford to factor such losses into the agreement with the TP. For me the longer it takes to receive the excess the more out of pocket I am (i.E.inflation depreciation, no interest).
It appears the TP have not been made accountable for their actions. Everything is in the TP's favour, if Avis will not reimburse me due to not having a guarantee that TP will be paying on a regular basis, plus the TP being allowed to pay some instalments and then default.
Of course they are going to choose to default if they can. The TP should be forced to pay a large sum of money upfront and then continue with their monthly payments and they should not be allowed to default.

As far as I am concerned if they cannot afford to pay for the consequences of their actions (take out adequate car insurance or have access to the necessary funds to cover damage caused in the event of an accident) they should not be allowed on the road. Why should I be at a loss for their actions? I have been left $3066.66 out of pocket for the last 9 months. As the accident was not my fault / This is simply not good enough.
Please can you take further action to support my claim? I have been advised by Consumer Affairs Victoria to write to you in the first instance to make you aware of my distress and sought a way forward.
I would like Avis to fully refund my claim of $3066.33. If I you do not hear from you within 10 business days, I will forward my complaint to Consumer Affairs Victoria for further advice.

Thanking you in anticipation

Michelle

Company: AVIS Australia
Country: USA

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