DAMAGE POLICY

Last Modified: 1 July 2024

The purpose of this damage policy is to provide a clear and simple framework for action in the

unlikely event of damage to a Vehicle listed with Uber Carshare.

In the event of a conflict between this damage policy and the Member, the Member

Agreement will prevail.

This damage policy is not an insurance policy. It explains how damage claims involving

Borrowers and Owners who engage in car-sharing activities will be decided by Uber

Carshare.

In this document, capitalised terms have the meaning given in the Member Agreement.

Uber Carshare Damage Policy

Contents

Contents 2

What does this damage policy cover? 3

Checking for damage: Borrowers' and Owners' responsibilities 3

Reporting damage that occurs during a booking 4

Mobility Mutual claims 4

Who is responsible for damage? 4

Disputes about when certain damage occurred 4

Responsibility for damage to mechanical components 5

Responsibility for Tyre Damage 6

Lost, stolen or unreturned keys 6

Repairs 6

Organising repairs 6

Delays to the settlement and repair process caused by Owner 7

Pre-existing damage 7

Payment to Owner when their Vehicle is unusable due to Borrower fault 9

Insurance claims, Damage and Loss Liability and other payments 9

Dispute Resolution 10

Schedule: Wear and tear 11

What does this damage policy cover?

This damage policy explains who is responsible for damage to Vehicles listed on the Uber

Carshare platform, and how repairs are organised and paid for. This damage policy is to be

read in conjunction with the Member Agreement.

Where this damage policy refers to ‘damage’, it does not include wear and tear. See the

Schedule for examples of wear and tear. Uber Carshare and Borrowers are not responsible

for repairing wear and tear to a Vehicle.

If you hold Trip Cover or Between-Booking Cover issued by Mobility Mutual, you may be able

to make a claim for discretionary protection in relation to damage or loss arising from the use

of the Vehicle.

Checking for damage: Borrowers' and Owners'

responsibilities

Borrowers' responsibilities

At the start and end of each Booking Period, Borrowers must:

● inspect the Vehicle for damage; and

● take and upload photos of the Vehicle.

The photos must:

● Capture a clear image of all sections of the Vehicle including the exterior panels on

the bonnet, front, back, passenger side, roof and driver’s side, and the interior of the

Vehicle.

● Be taken even if the Booking begins or ends outside of daylight hours, in which case

the Borrower should use a flash or other available lighting in order to capture the

clearest possible images of the Vehicle.

● Be uploaded via the Uber Carshare app or website within 48 hours of the end of the

Booking Period in the original, unedited and in the highest resolution form available. If

the upload function is not available then the member must email their photos,

unedited and in the highest available resolution, to members@carnextdoor.com.au

within 48 hours of the end of the Booking Period.

Owners’ responsibilities

Owners must:

● inspect their Vehicle for damage regularly (as soon as possible after each Booking

Period and otherwise at a minimum once each week); and

● report any identified damage to Uber Carshare as soon as it is discovered.

Reporting damage that occurs during a booking

If a Vehicle or third-party property is damaged when a Borrower is in possession of the

Vehicle, then the Borrower must report the incident to Uber Carshare and provide a

description and photographs of the damage. The Borrower may be responsible for any

additional costs caused by their delay in reporting, or failure to correctly report, the incident.

Uber Carshare may ask Members to:

● submit a Collision or Damage Report Form; and

● provide any other information or assistance required to assess a claim..

Mobility Mutual claims

If you wish to lodge a claim with Mobility Mutual for damage or loss under Trip Cover or

Between-Booking Cover, Uber Carshare will use the photos and information you supply for

the purpose of assessing your claim.

Who is responsible for damage?

Members are responsible for any damage that occurs while they are in possession of a

Vehicle, except in some cases of mechanical and tyre damage, as set out below.

The Borrower is considered to be in possession of a Vehicle from:

● in the case of an Instant Key Vehicle, the time they access the Vehicle at the

commencement of a Booking until they lock the Vehicle, return the key to the Lockbox

(other than in the case of a Vehicle with keyless entry) and end their Booking; and

● in the case of a Key Handover Vehicle, the time they collect the key for the Vehicle at

the commencement of the Booking until they lock the Vehicle, return the key as

required by the Agreement and end their Booking.

This period may not match exactly the time for which they have made a Booking for the

Vehicle (for example, if the Borrower picks the Vehicle up late or returns it early).

The Owner is considered to have possession of the Vehicle at all other times.

Disputes about when certain damage occurred

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 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 14days before the damage is reported Uber Carshare will not assist with

any investigation of, or recovery of payment for the damage.

The Owner may continue to review older trip photos and if they find photos that show the

damage happened during a Borrower's trip, they may communicate with that Borrower in

respect of the repairs, without assistance of Uber Charshare.

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 Trip Cover and if their claim is paid, the amount of their liability will be limited

to paying the excess – see the PDS, Protection Wording, 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 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 the damage was not there when they left

the Vehicle. Result: The Owner is responsible for the damage because the damage

must have occurred between the two Borrowers' trips. If the car has Between-Booking

Cover the Owner may claim on it and if their claim is paid, the amount of their liability

will be limited to paying the excess.

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 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 . The Borrower may be able to

claim on Trip Cover and if their claim is paid, the amount of their liability will be limited

to paying the excess.

Scenario 4: An Owner reports damage and it is unclear who caused the damage.

After reviewing all of the trip photos from Borrowers who had possession of the

Vehicle in the 14 days before the damage was reported, it is established the damage

occurred earlier in time.

Result: The Owner may continue to review photos further back in time to see if they

can find out when the damage occurred, but Uber Carshare will not assist.

Uber Carshare will administer this damage policy in order to determine who is responsible for

damage. In the case of a dispute, Uber Carshare may (but is not obliged to) mediate the

dispute.

Uber Carshare does not take responsibility for any unattributed damage.

Responsibility for damage to mechanical components

The Owner is responsible for faults, wear and tear and breakdown of mechanical or electrical

parts, except where mechanical or electrical damage is proven to have been caused by

misuse of the Vehicle by a particular, identified Borrower, in which case that Borrower will be

responsible for the full cost of the repairs. Uber Carshare may apportion liability between

Borrower and Owner based on its investigations, which may include the appointment of an

independent expert.

Responsibility for Tyre Damage

Any punctures or other damage to a tyre caused by driving over foreign objects will be the

responsibility of the Member who was in possession of the car at the time.

Any punctures or damage to the tyre that are caused by wear and tear will be the

responsibility of the Owner, even if they occur during a Borrower’s booking.

Regardless of the cause of the flat or puncture, a Member who drives with a flat tyre will be

responsible for any resulting damage to the wheel or Vehicle.

Lost, stolen or unreturned keys

If a Vehicle key is lost, stolen or not returned by a Borrower, the Borrower will be responsible

for the costs of cutting keys and recoding the car’s computer so that the missing key will not

work in the ignition, but not the cost to replace lock barrels.

Repairs

If a Vehicle is damaged such that its safety or reliability is compromised, the Vehicle must be

made unavailable for Bookings until the damage is repaired.In any other case, the Owner

may choose whether or not to have the damage repaired.

Organising repairs

Uber Carshare may assist the Owner to obtain quotes for, or to organise, repairs to their

Vehicle.

The final choice of repairer and approval of repairs will be determined by the Owner, however

if Uber Carshare has a cheaper available option then the liability of a Borrower will be limited

to that lower amount. A Borrower who is liable for damage will not be entitled to review or

approve quotes. However:

● Uber Carshare will use its reasonable efforts to obtain up to three independent quotes

for any material repairs, and

● the repair costs paid to the Owner will not exceed the amount of the lowest quote.

An Owner may choose to accept the cash equivalent of the cost of repairing the damage

(based on the lowest quote) instead of having the damage repaired. The Borrower’s

responsibility to compensate the Owner for the damage is independent of the Owner’s

decision whether or not to repair it.

Where Mobility Mutual covers the damage, Uber Carshare will assess the damage and

authorise repairs in accordance with this damage policy and subject to instructions from

Mobility Mutual.

Delays to the settlement and repair process caused by Owner

If, in Uber Carshare's reasonable opinion, delays caused by the Owner increase the costs of

the repairs or result in other additional costs, these may be passed on to the Owner. This

includes, but is not limited to:

a) the Owner failing to respond to Uber Carshare's emails or failing to provide

requested information within 3 business days of a request; or

b) any action or inaction by the Owner that delays the progress of the repairs.

If the Owner has not replied to a request for photos or information about a repair claim within

two weeks of our request, Uber Carshare may decline to assist further with the claim,

including organising repairs or collecting payment from the Borrower. In this case, the Owner

will need to contact the Borrower directly to collect payment.

Additional requirements for managing the settlement and repair process for claims made on

Mobility Mutual by Owners or Borrowers are contained in the relevant PDS and FSG.

Pre-existing damage

When a Borrower is responsible for damage to an Owner’s car, Uber Carshare will check

whether there was pre-existing damage to the area.

1: If a Borrower causes damage and:

● there is pre-existing damage;

● the Owner has not received a previous cash settlement; and

● the cost of repairing the pre-existing damage and the new damage together is greater

than the cost of repairing the new damage alone;

then the Borrower will be charged the cost of repairing the new damage only. Uber Carshare

will instruct the repairer to exclude any pre-existing damage from the repair quote.

For example:

John borrows Sally’s car and scratches the door. There is already another scratch on the door

that Sally caused. It will cost $500 to fix just the new scratch. Sally has not received a cash

settlement for the existing scratch. John will pay $500.

2: If a Borrower causes damage and:

● there is pre-existing damage;

● the Owner has received a previous cash settlement; and

● the cost of repairing the pre-existing damage and the new damage together is greater

than the cost of repairing the new damage alone;

then the Borrower will be charged the cost of repairing the new damage together with the

pre-existing damage, less the previous cash settlement amount (which is equal to the cost of

repairing the pre-existing damage).

For example:

John borrows Sally’s car and scratches the door. There is already another scratch on the

door, caused by a previous Borrower. Sally has previously received a $500 cash settlement

for that scratch, but chose not to have it repaired. It would cost $500 to fix just the new

scratch, or $700 to repair the whole panel (both scratches). John pays $200, because Sally

can now fix both scratches for the $700 that she has received in total - $500 from previous

cash settlement and $200 from John.

3: If a Borrower causes damage and:

● there is pre-existing damage;

● the Owner has not received a previous cash settlement; and

● the cost of repairing the pre-existing damage and the new damage together is no

greater than the cost of repairing the new damage alone;

then the Borrower will be charged the full cost of repairing the new damage, even though the

pre-existing damage will also be repaired.

For example:

John has an accident in Sally’s car, causing significant dents to the front bumper. There were

already some scratches on the bumper that Sally caused. Sally has not received any previous

cash settlements for damage to the bumper. The whole bumper needs to be replaced in order

to fix the damage John caused. John will pay for the replacement bumper. Even though this

also fixes the old scratches, Sally will not contribute to the repair cost.

4: If a Borrower causes damage and:

● there is pre-existing damage;

● the Owner has received a previous cash settlement; and

● the cost of repairing the pre-existing damage and the new damage together is no

greater than the cost of repairing the new damage alone;

then the Borrower will be charged the cost of repairing the new damage, less the previous

cash settlement amount (which is equal to the cost of repairing the pre-existing damage).

For example:

John has an accident in Sally’s car, causing significant dents to the front bumper. There were

already scratches on the bumper that another Borrower caused, and Sally has already

received a $500 cash settlement for those scratches but chose not to have them repaired.

The whole bumper needs to be replaced in order to fix the damage John caused, and this will

cost $1,500. John will pay for the replacement bumper ($1,500), less the previous settlement

amount ($500). Sally can have the bumper fixed for the $1,500 that she has received in total -

$500 from the previous Borrower and $1,000 from John.

In scenario (2) or (4):

If the Owner takes a cash settlement for the new damage, then any previous settlement

amount(s) will be deducted from that cash settlement; or

If the Owner chooses to get the repairs arranged by Uber Carshare, then the Owner will need

to contribute the previous cash settlement amount.

In some cases, a Borrower may choose to make a claim on their Mobility Mutual Trip Cover to

fund the cost of repairs for which they are responsible under the Member Agreement (subject

to paying the Excess and the terms and conditions of the product). See the Trip Cover PDS,

Protection Wording and FSG and Protection Schedule for details.

Payment to Owner when their Vehicle is unusable due

to Borrower fault

Where the Owner is unable to use their Vehicle (for example, because the Vehicle is

unroadworthy or unsafe or because driving it will exacerbate damage) as the direct result of

damage caused by a Borrower, the Borrower agrees to pay the Owner $25 per day for up to

15 days, starting on the later of:

● the day that the the damage is reported to Uber Carshare in writing; or

● the first full day on which the Owner is unable to use the Vehicle;

and ending:

● 15 days from the start date, or

● on the day on which the Vehicle is repaired; or

● on the day on which Uber Carshare makes an offer to the Owner in settlement of a

written-off Vehicle,

whichever is the earlier.

The parties agree that this is a reasonable pre-estimate for the amount to compensate the

Owner for the loss of use of their Vehicle as a result of the damage.

This amount is not payable:

● in relation to mechanical issues;

● where the Owner chooses to take a cash settlement instead of having the damage

repaired; or

● where the Owner chooses to have the repairs done by a repairer who did not quote

in response to a request from Uber Carshare.

Insurance claims, Damage and Loss Liability and

other payments

Where a Borrower is responsible for Loss or Damage, they may be charged:

● the estimated cost of repairs

● a damage handling fee as set out in the Fee Schedule

(https://www.carnextdoor.com.au/fee-schedule)

● towing (charged at cost) or transport costs (fixed at $25 each way if the Owner takes

the car there and back)

● independent assessor’s damage assessment fees

● a payment to the Owner for loss of use of the Vehicle (as set out above)

If a Borrower is covered by Trip Cover, the Borrower will only be charged the excess and any

loss or damage excluded from Trip Cover (if any).

If Trip Cover does not cover the claim, the Borrower will be charged for the full amount of the

damage and costs.

Uber Carshare may charge the card on file for the loss or damage or it can be paid directly to

our bank account:

Account name: Carshare Support Pty Ltd

BSB: 112879

Acc: 467716133

Please use your Member number and a short description of what the payment is for as the

reference, then take a screenshot of the confirmation of payment page (or save or print the

page to PDF) and email it to members@carnextdoor.com.au.

Dispute Resolution

If any dispute arises between Members or between a Member and Uber Carshare in relation

to damage to a Vehicle or mechanical issues, Uber Carshare’s Complaints and Member

Dispute Resolution Policy available on our website will apply.

Complaints in relation to the discretionary risk products issued by Mobility Mutual must be

made in accordance with the process contained in Mobility Mutual’s Complaints Management

Policy.

Schedule: Wear and tear

Area of Vehicle

Wear and Tear Includes

Any surfaces not

specified below

Any minor:

● dent less than 25 mm in diameter,

● scuff less than 50 mm in diameter,

● scratch, crack or other wear less than 1 mm wide

where the paint is not penetrated past the clear coat; or

● scratch, crack or other wear less than 3mm wide and also less than

25 mm long

where the paint is not penetrated through to the metal / body panel.

Any minor:

● paint chip, provided that there are fewer than 5 per panel and each

is less than 3mm in diameter (e.g stone chips)

where the paint is penetrated up to the metal / body panel.

All cargo areas

Dent, scuff, scratch, crack, or other wear less than 50mm in diameter

Underbody -

including

ground-facing

bumper surfaces

Cosmetic damage not affecting the car’s function

Windscreen,

windows, lamps and

external mirrors

Minor scratching and/or minor chipping to any windscreen, window glass or

lamp that does not affect roadworthiness, electronic elements or

watertightness

Wheels and wheel

trims/rims

Minor scratches and scuffing less than 25 mm in diameter

Surfaces,

adhesives,

mechanical

(movable), and

electrical parts.

Malfunction, failure, dislocation, or cracking due to age and normal use

Change in appearance, including surface cracks and threadbare fabric, due

to age, normal use, elemental exposure or contact with other substances

(e.g. cleaning solvents).

See “Responsibility for Damage to Mechanical Components” section of the

Damage Policy for more details.

Wear & tear does not include:

● damage that is due to misuse

● hail damage