DAMAGE POLICY

Last Modified: November 2023

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 Agreement, 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, acting reasonably and subject to the Member Agreement.

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

Uber Carshare Damage Policy – November 2023

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 5

Responsibility for damage to mechanical components 6

Responsibility for Tyre Damage 7

Lost, stolen or unreturned keys 7

Repairs 7

Organising repairs 7

Delays to the settlement and repair process caused by Owner 8

Pre-existing damage 8

Payment to Owner when their Vehicle is unusable due to Borrower fault 10

Claims, Damage and Loss Liability and other payments 11

Dispute Resolution 11

Schedule: Wear and tear 13

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. In the event of any conflict between the

documents, the Member Agreement will prevail.

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. Mobility Mutual’s contact details are at www.mobilitymutual.com.au/contact

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, as much as is reasonably possible, 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 (such as a torch, or torch

from a mobile device) 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 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 as soon as possible via

Our Website 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 reasonable information or assistance required to assess a claim

under the Member’s protection through Mobility Mutual.

Mobility Mutual claims

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

Between-Booking Cover, UberCarshare 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 unlock the Lockbox or 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.

If an Owner has protection for damage or loss under Between-Booking Cover or a Borrower

has protection for damage or loss under Trip Cover, the Member can make a claim with

Mobility Mutual and, if approved by Mobility Mutual, it will be paid by Carshare Support acting

as managing agent of Mobility Mutual. Protection is subject to the PDS, Protection Wording

and FSG available at www.mobilitymutual.com.au/documents and subject to each Member’s

rights under the Mobility Mutual Constitution available at

https://www.mobilitymutual.com.au/documents.

Disputes about when certain damage occurred

Each Borrower is responsible for taking and uploading photos to document the condition of

each Vehicle that they Book, at the start and end of their possession of the Vehicle. Owners

are responsible for checking their car and reporting damage to Uber Carshare.

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 that 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 42 days before the damage is reported, then the Owner may continue to

review older trip photos and if they find photos that show that the damage happened during a

Borrower's trip, they may communicate with that Borrower in respect of the repairs - but Uber

Carshare will not assist with any investigation of, or recovery of payment for, damage that

happened more than 42 days before it was reported.

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

to paying the Excess – see the PDS, Protection Wording and 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 that 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 that the damage was not there when they

left the Vehicle. The Owner had possession of the Vehicle between Bookings.

Result: The Owner is responsible for the damage (up to their Damage and Loss

Liability) (because the damage must have occurred between the two Borrowers'

trips). If the car has Between-Booking Cover the Owner can claim on it and if their

claim is paid, the amount of their liability will be limited to paying the Excess – see the

Between-Booking Cover PDS, Protection Wording and FSG and your Protection

Schedule for details.

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 that 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 (up to their Damage and Loss

Liability). This is the case even though the Owner had possession of the Vehicle

between Bookings. The Borrower can claim on TripCover and if their claim is paid, the

amount of their liability will be limited to paying the Excess – see the PDS, Protection

Wording and FSG and your Protection Schedule for details.

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 42 days before the damage was reported, it is shown that 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. A claim

can be made on Mobility Mutual if the person who caused the damage can be

identified and they held a risk protection product issued by the mutual at the time of

the incident.

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.

However:

1: If:

a) a mechanical or electrical component or moving part fails before reaching its expected

lifespan, and

b) that failure is suspected to be due to Borrowers' use or misuse of the vehicle, but

c) responsibility for the damage cannot be attributed to any particular Borrower,

then Uber Carshare may, after investigation and at our absolute discretion, consider making

an ex-gratia contribution to the cost of repairs for the Owner. Whether to make any payment

in these circumstances, and the amount of any payment, will be at Uber Carshare’s

discretion.Uber Carshare will not contribute to any repair costs if there is evidence of an

inherent fault or defect with that type of Vehicle or component.

2: If:

a) a Vehicle part fails for any reason, and

b) further damage to the Vehicle is caused by a Borrower failing to notice, observe or respond

to warning lights or other signs that a reasonable and prudent driver would have noticed,

observed or responded to, or otherwise by the Borrower acting other than as a reasonable

and prudent driver in response to the Vehicle part failure, then responsibility for the damage to

the Vehicle may be shared between the Owner and the Borrower.

The Owner will be fully responsible for repair or replacement of the part that failed. For any

damage to mechanical components, Uber Carshare may request an independent

investigation from a qualified expert to determine (acting as an expert and not as an

arbitrator) to determine responsibility for damage and in what proportions Borrower(s) or the

Owner should bear responsibility for the damage and cost of repairs, and the expert's

decision will be final.

Failure of mechanical components or parts and wear and tear to the Vehicle is not something

that is protected by the discretionary risk products offered by Mobility Mutual to Borrowers

and Owners. Borrowers and Owners will remain responsible for those types of damage

claims.

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. That Member will

need to cover the cost of repairing or replacing the tyre.

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

responsibility of the Owner, even if they occur during a Borrower’s Booking. The Owner will be

responsible for covering the cost of repairing or replacing the tyre in these cases.

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.

Damage to tyres may be protected by Trip Cover or Between-Booking Cover, if the claim is

accepted and subject to payment of the Excess – see the PDS, Protection Wording and FSG

and your Protection Schedule (available at https://www.mobilitymutual.com.au/documents) for

details.

Lost, stolen or unreturned keys

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

reasonable 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.

Loss of keys may be protected by Trip Cover, if the claim is accepted and subject to payment

of the Excess – see the PDS, Protection Wording and FSG and your Protection Schedule for

details.

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 Owner and Borrower will be required to communicate in a responsive and timely

manner with each other and with Uber Carshare to facilitate this process, including by

providing photos or information as reasonably requested.

The final choice of repairer and approval of repairs will be arranged between Uber Carshare

and the Owner. A Borrower who is liable for damage will not be entitled to review or approve

quotes. However:

● Uber Carshare will use its best efforts to ensure that up to three independent quotes

are provided for any 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, Carshare Support will assess the damage and

authorise repairs in accordance with this damage policy, the Member Agreement and subject

to instructions from Mobility Mutual.

If Carshare Support or Mobility Mutual determines it necessary, a suitably qualified assessor

will be appointed to quantify the loss.

Delays to the settlement and repair process caused by Owner

If delays caused by the Owner increase the costs of the repairs or result in other additional

costs (for example towing or storage 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 to provide reasonable requested

information within 5 business days of a request; or

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

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

claim within two weeks of Our request, and if it has been more than 42 days since the date of

the damage, Uber Carshare may notify the Owner that Uber Carshare will no longer assist

with 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, Protection

Wording and FSG.

Pre-existing damage

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

●check the car’s condition photo log for any damage already present in the same area

(‘pre-existing damage’); and

●check whether the Owner has received cash settlement from any Uber Carshare

Borrowers for the pre-existing damage (‘previous cash settlement’).

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 reasonable 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 reasonable 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 reasonable 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 reasonable 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 has accepted 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

28 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:

● 28 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 amount to compensate the Owner for the loss of

use of their Vehicle as a result of the damage. The amount will be credited to the Owner's

account in a single lump sum after the end of this period.

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.

A Borrower may choose to make a claim on their Mobility Mutual Trip Cover to fund these

costs (subject to paying the Excess and the terms and conditions). See the TripCover PDS,

Protection Wording and FSG and Protection Schedule for details.

Claims, Damage and Loss Liability and other

payments

Where a Borrower is responsible for Loss or Damage, they will be charged, as applicable (in

accordance with the Member Agreement, Fee Schedule (available here

https://help.ubercarshare.com/hc/en-gb/articles/360001149986) and this damage policy):

● the estimated cost of repairs (adjusted once actual reasonable repairs costs are

determined by repairers)

● a damage handling fee as set out in the 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 for Loss and Damage by Trip Cover, the Borrower must pay the

Excess for the protection (see the Protection Schedule). If Trip Cover does not cover the

claim, the Borrower is liable for the full amount of the damage and costs in accordance with

the Member Agreement. Payment of an Excess by the Borrower is by the payment card

nominated by the Borrower to be their chosen payment method for their Uber Carshare

account. Other charges and costs for damage (which is not protected by Trip Cover) can be

paid as a charge to their Uber Carshare account using the payment card on file, or by

payment 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@ubercarshare.com.

Dispute Resolution

If:

● a dispute arises between Members in relation to further damage to a Vehicle caused

by a Borrower in response to a Vehicle part failure (see the paragraph headed

“Responsibility for damage to mechanical components”); and

● if a qualified expert undertakes an independent investigation,

then the expert's decision will be final, subject to either Member seeking external

dispute resolution options.

Otherwise, 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 will apply. The Complaints and Member Dispute

Resolution Policy is available on our website.

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

made in accordance with the process contained in the PDS, Protection Wording and FSG.

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 or 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