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  #1  
Old 11-04-2007, 13:16
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landofsmiles landofsmiles is offline
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Motorbike damage liability

Been renting an old semi-auto bike. Gearbox let go halfway to the airport on saturday.

Renter is saying I have to pay for repairs as it's my fault for not checking the oil.

Would you pay?
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  #2  
Old 11-04-2007, 14:10
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Quote:
Originally Posted by landofsmiles View Post
Been renting an old semi-auto bike. Gearbox let go halfway to the airport on saturday.

Renter is saying I have to pay for repairs as it's my fault for not checking the oil.

Would you pay?


No way!

The rental company must make sure the rented object should be in good condition. If it fails or stop functioning, they should make sure it is replaced.

I know, we are talking about another country than Europe, but this policy is applicable everywhere.

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Old 11-04-2007, 14:17
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Depends how long you have had it.. If its days or even a couple of weeks then no (but good luck) if its multiple weeks or months then yes, your to maintain it and keep a close eye on developing faults and get them back to him..

Comparing this to Europe is no like for like.. You would expect insurance cover there you would expect all kinds of other things to be different.
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Old 11-04-2007, 14:19
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Look at it this way.. If it got a flat would you fix it ?? If it blew out and you needed a tyre would you pay for it..

Just as this is more money the principle applies..
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Old 11-04-2007, 15:09
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Quote:
Originally Posted by Nanook View Post
I know, we are talking about another country than Europe, but this policy is applicable everywhere.

Thanks for the laugh.
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  #6  
Old 11-04-2007, 16:06
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bugger, damn,
we all know how it should work but,
we all know its very different in LOS.
how long have you had the piece of shite???
keep us posted
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  #7  
Old 11-04-2007, 16:46
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Thanks for the laugh.

Any time
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  #8  
Old 11-04-2007, 17:41
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Things work differently here Nanook, eg. there's no insurance on the bikes and usually if you have an accident it's your fault and you pay....even when it isn't!

I've been renting it cheap for a few months and had the usual puncture repairs and replacing a tyre. But it's very old hence I've only paid 1500 a month for it. I guess I'm going to have to pay...and being Thailand hopefully repairs won't be too expensive...but of course I'm going to try and get out of it first. Thing is, there's no written agreement/contract. I know when you do hire from agencies it says in the contract "I agree to pay the damage that has been done to the motorbike" but it seems a bit of a grey area as no doubt the owner reads that as meaning even if it's a mechanical failure as opposed to an accident, then the renter pays for repairs.
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Old 11-04-2007, 17:48
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LOS, is there anything stopping you from telling the operator to come & collect his bucket of poo?
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Old 11-04-2007, 18:14
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LOS, is there anything stopping you from telling the operator to come & collect his bucket of poo?

He's a she and lives in HongKong and what's stopping me telling her to collect her "bucket of poo"...which is still at the roadside between Patong and the airport...is that I rent an apartment from her which I like, so don't want to rock the boat too much.
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Old 11-04-2007, 18:17
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LOS, is there anything stopping you from telling the operator to come & collect his bucket of poo?

Yes, he's renting from the same renter I am, which is also the same building/place that he and I rent from in right now.

The renters here gave me a much newer bike and so far, no problems for me other than a few flats (yes, I have paid for those)... but, a busted up gear box, different story.

I wouldn't pay and just move out, unless moving out costs more in the long run than paying for the bike repair... It's up to the renter to protect their property as they are the ultimate owners. I know I would... no matter what country I were in.
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Old 11-04-2007, 18:38
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Originally Posted by LivinLOS View Post
Look at it this way.. If it got a flat would you fix it ?? If it blew out and you needed a tyre would you pay for it..

Just as this is more money the principle applies..

...and so what about if you hired a car....again most come without insurance and even when they do it won't cover mechanical damage...and you pootled about for a few weeks and then the engine let go big time...you'd pay?
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Old 11-04-2007, 19:15
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Quote:
Originally Posted by landofsmiles View Post
Things work differently here Nanook, eg. there's no insurance on the bikes and usually if you have an accident it's your fault and you pay....even when it isn't!

Now I understand . I may have looked at this case with too western eyes.

Actually for the reasons that you explained, I am always very hesitant to rent any means of transport. With the exception of a bicycle. I am too cautious, that the rental contract if any, has clauses I don't like. That is why I usually stick to the big international cpmanies like Avis or Hertz, when it concerns car rental.
I do have no experiences in LOS. But reading your last post, I fear that you are going to pay for it one way or another and the only thing you can try is to bargain on the price you must pay.

Good luck.
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Old 11-04-2007, 19:24
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Quote:
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...and so what about if you hired a car....again most come without insurance and even when they do it won't cover mechanical damage...and you pootled about for a few weeks and then the engine let go big time...you'd pay?

I wont rent a vehicle without a serious discussion that puts all these issues clearly spelled out before I take it.. An excess agreed etc... Then if its with a rentor I dont know / trust to honour thier word it all written down.

If I had a vehicle rented for a day or two no.. I would feel that 'I' didnt create the damage.. If I had the vehicle for months, didnt check or change the oil, and ultimately felt like I caused the issue then I guess I would..

Ultimately your talking a couple of thousand here.. The price of a night out..
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Old 11-04-2007, 19:30
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Perhaps the fairest angle to approach may be a 50/50 split on the repair bill?
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Old 11-04-2007, 19:40
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Originally Posted by LivinLOS View Post
I wont rent a vehicle without a serious discussion that puts all these issues clearly spelled out before I take it.. An excess agreed etc... Then if its with a rentor I dont know / trust to honour thier word it all written down.

If I had a vehicle rented for a day or two no.. I would feel that 'I' didnt create the damage.. If I had the vehicle for months, didnt check or change the oil, and ultimately felt like I caused the issue then I guess I would..

Ultimately your talking a couple of thousand here.. The price of a night out..

Good points LivinLOS, but my experience with the same renter has been that my rental motorbike gets washed weekly without me asking, so... in a sense I get lulled into thinking that they are maintaining the vehicle with oil, check-up, etc. as well.. but, I really am not sure...

This is just another TIT grey area to be dealt with, and I would be interested to hear how it all pans out for LOS...

I don't think it matters too much "how long" you have taken the vehicle as much as "how well" you, as the rentee have taken measures to prevent damage (i.e. by not abusing). These bikes, as you know, can blow at anytime. Why be faulted for bad timing?
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Old 11-04-2007, 19:52
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Of course.. Also I dont want to sound unsympathetic..

With gearbox siezeing it sounds like low or no oil.. Kinda thing that should be done if you have the bike months.. Thats kind of what I mean in that if I had it a long time and didnt check it / service it as though it was my own, then I would feel that damage done through my negligence I would pay for.. If I take the bike and a day or two later it blows then it was obviously not healthy or checked when I took it.

Some people will rent a bike for months and never think about an oil change.. Simply as its not thier own thing.. Thats a bit different as in the west you wouldnt often rent a vehicle for many months at a time, it would not be economic.. Here in this tourist zone people long term rent for simplicity.
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Old 12-04-2007, 00:45
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It was also my understanding that I'm not covered by the insurance the rental shop has on the bike, so if i get in an accident or the bike gets stolen, i have to pay cash. So I'm planning to be here for awhile, I guess I'm gonna buy a bike, but I was putting this off because I can't get a thai driver's license (no work permit, only triple entry tourist visa), and I understand that the insurance won't cover me without a thai license.

So is there ANY advantage to renting (besides not having to shell out the 45k at once)? The bike shop smiles and says no problem about my visa situation, obviously they'll sell me a bike and insurance (in my name, btw), but will I run into issues later on?
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Old 12-04-2007, 01:26
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Sounds like you have a fair relationship with this person. Just as easyrider say’s spilt the bill or purpose 1 or 2 months free rental. The bottom line is, she’s in Hong Kong and needs you to step up to the plate and get the thing fixed. At least get it picked up and into the shop for an estimate. Then you can take it from there. Might cost you 3000 to 4000B to get it fixed….big deal. The mileage (good will) you would get out of it would well worth it. After all, you should have checked the oil!
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Old 12-04-2007, 10:27
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It was also my understanding that I'm not covered by the insurance the rental shop has on the bike, so if i get in an accident or the bike gets stolen, i have to pay cash. So I'm planning to be here for awhile, I guess I'm gonna buy a bike, but I was putting this off because I can't get a thai driver's license (no work permit, only triple entry tourist visa), and I understand that the insurance won't cover me without a thai license.

So is there ANY advantage to renting (besides not having to shell out the 45k at once)? The bike shop smiles and says no problem about my visa situation, obviously they'll sell me a bike and insurance (in my name, btw), but will I run into issues later on?

You can get a License on a Tourist visa (you shouldnt but Phuket town seems OK with this) and you are also insured (if you have it) with a international license got from your home country.
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