Damage Policy & Insurance
Damage Policy & Insurance
This is the Hui Car Share Damage Policy & Insurance. Below are sections 7 and 8 from the Member Agreement, which highlights the following topics. Please refer to the Hui Car Share Member Agreement, which sets forth the terms and conditions of membership in the Hui Car Share Program. By submitting your application for membership, you agree to accept and comply with the terms and conditions of this Agreement, as it may be amended from time to time, if your membership is approved by Servco Mobility Lab, LLC.
To avoid being at fault for damage, submit pictures of any existing damage prior to the reservation and at the end. The app will automatically prompt you at the start and end of your reservation to take the photos.
7. Damage Policy
7.1 Member’s Responsibility. You are responsible for any and all losses and damages to or affecting a Vehicle while in your possession or control regardless of cause. Your responsibility may, however, be limited as provided under Sections 7.2 and 7.3 below. Subject to any such applicable limits, you accept responsibility for damage to, and loss or theft of, the Vehicle or any part, equipment, accessory or other property provided by Hui Car Share for use by the Member regardless of fault or negligence of the Member or any other person. Subject to Sections 7.2 and 7.3 below, you agree to pay Hui Car Share any and all amounts necessary to repair the Vehicle. The Member shall not have the Vehicle repaired. If the Vehicle is stolen and not recovered or Hui Car Share determines that the Vehicle has salvage value only, you agree to pay Hui Car Share the fair market value less any sale proceeds. Damages for which you may also be responsible for include, but are not limited to, loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs incurred by Hui Car Share to recover the Vehicle and to establish damage amounts.
7.2 Member’s Damage Fee. If the Member is in full compliance with all of the terms and conditions of this Agreement, and if none of the exclusions in Section 7.3 below applies, the Member’s responsibility for the losses and damages set forth in Section 7.1 above will be limited to the Member’s Damage Fee. The current amount of the Member’s Damage Fee is set forth in the Rate Schedule.
7.3 Exclusions. You agree to be responsible for ALL losses and damages set forth in Section 7.1 above if:
(a) You are not in full compliance with all of the terms and conditions of this Agreement, including but not limited to Section 4 and 6; or
(b) The loss or damage is due to theft of the Vehicle unless (i) the Member notifies Hui Car Share of the incident and files an official report of the theft with the police or other law enforcement authority within 24 hours of learning of the theft, and (ii) the Member cooperates fully with Hui Car Share and law enforcement authorities in all matters connected with the investigation of the theft.
8. Third Party Liability.
8.1 Third Party Liability Insurance Coverage. By accepting this Agreement, you have agreed that Hui Car Share will make available liability insurance coverage for third party bodily injury and property damage arising out of your use or operation of the Vehicle and coverage will be primary and you will not seek contribution from any other insurance available to you. The current amounts of third party liability coverage made available by Hui Car Share are Bodily Injury: $20,000 per person, with an aggregate limit of $40,000 per accident and Property Damage: $10,000 per accident.
8.2 Limits on Liability Protection. Hui Car Share makes no representation or warranty as to the adequacy of the third party liability protection made available by Hui Car Share and we assume no responsibility for the actions of the insurer who handles any claim involving you. If you fail to comply with the terms and conditions of this Agreement, you may be responsible for the full amount of losses and damages arising out of the accident or incident. The third party liability protection made available by Hui Car Share does not provide coverage for losses or damages to, or theft of, the Vehicle or the contents thereof. To the extent permitted by law, the Member and Hui Car Share waive and reject the inclusion of uninsured motorist, underinsured motorist, wage loss benefits, death benefits and any other optional coverage.