UNITED STATES & CANADA

DAMAGE POLICY

Last Modified: October 23, 2023

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

event of damage to a Vehicle listed with Uber Carshare.

In the event of a conflict between this damage policy and the Uber Carshare Terms of

Service, the Uber Carshare Terms of Service 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 Uber Carshare Terms of

Service.

Uber Carshare Damage Policy – August 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

Who is responsible for damage? 4

Disputes about when certain damage occurred 5

Responsibility for damage to mechanical components 6

Responsibility for tire Damage 7

Lost, stolen or unreturned keys 7

Repairs 7

Organising repairs 8

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

Insurance claims, Damage and Loss Liability and other payments 11

Dispute Resolution 12

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 Uber Carshare Terms of Service (the “Agreement”). In the event

of any conflict between the documents, the Agreement will prevail. Capitalized terms have the

meaning assigned in the Agreement.

Where this damage policy refers to ‘damage’, it does not include Wear and Tear as defined in

the Agreement. See the Schedule for examples of Wear and Tear.

Uber Carshare and Borrowers are not responsible for repairing Wear and Tear to a 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 hood, 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@ubercarshare.com

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 which is not specifically excluded from the terms of this

policy to Uber Carshare within 42 days.

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 within 48 hours via the

Uber Carshare 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 Borrowers to provide any other information or assistance required to

assess a claim under the Vehicle Protection or auto liability insurance.

Claims

If you wish to make a claim under Vehicle Protection or auto liability insurance for damage or

loss, we will use the photos and information you supply for the purpose of assessing your

claim or having your claim assessed by the relevant adjuster.

Who is responsible for damage?

Users are responsible for any damage that occurs while they are in possession of a Vehicle,

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

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

● The time they unlock the Lockbox or access the Vehicle at the beginning 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

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

Borrowers and Owners can make claims under their respective protection plans as follows:

Borrowers - Vehicle Protection and/or auto liability insurance.

Owners - Owner Guarantee and/or auto liability insurance.

All claims are subject to the terms and conditions of the relevant coverage.

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

each Vehicle, at the start and end of their possession of the Vehicle. Owners are responsible

for checking their Vehicle and reporting damage to Uber Carshare.

If an Owner reports damage to their Vehicle and it is unclear who caused the damage, 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 to 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 Vehicle Protection and if their claim is paid, the amount of their liability will be

limited to paying the Deductible– see the Vehicle Protection coverage documentation

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.

Result: The Owner is responsible for the damage.

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. This is the case even though the

Owner had possession of the Vehicle between Bookings. The Borrower can claim

under Vehicle Protection And if their claim is paid, the amount of their liability will be

limited to paying the Deductible – see the Vehicle Protection documentation for

details.

Scenario 3: 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.

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

damage.

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 any 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 Vehicle Protection or the Owner Guarantee. Borrowers and Owners will

remain responsible for those types of damage claims.

Responsibility for Tire Damage

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

responsibility of the Borrower who was in possession of the car at the time. That Borrower will

be liable for covering the cost of repairing or replacing the tire.

Any punctures or damage to the tire 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 tire in these cases.

Regardless of the cause of the flat or puncture, a User who drives with a flat tire will be

responsible for any resulting damage to the wheel or Vehicle.

Damage to tires may be protected by Vehicle Protection or the Owner Guarantee, if the claim

is accepted and subject to payment of the Deductible – see the Vehicle Protection or Owner

Guarantee coverage documentation 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

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 locks.

Loss of keys may be protected by Vehicle Protection or Owner Guarantee, if the claim is

accepted and subject to payment of the Deductible – see the relevant coverage

documentation 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.

Organizing Repairs

Where the repairs are covered by Vehicle Protection or Owner Guarantee, we will, or a

service provider on our behalf will, arrange for a quote to repair the accepted damages to the

Vehicle. If the vehicle is deemed to be a Total Loss, a qualified Adjuster will be engaged to

provide an accurate pre-accident market value. There may be instances where repairs are

carried out in conjunction with the insurance carrier.

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 required.

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.

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

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 repairs are not covered by Vehicle Protection or Owner Guarantee, we may assist the

Owner to obtain quotes for repairs to their Vehicle.

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 to provide requested information

within three (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 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

under Vehicle Protection or Owner Guarantee are contained in the relevant coverage

documentation.

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 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.

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, unsafe, there is tire damage that is not a result of Wear and Tear 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.

Insurance claims, Damage and Loss Liability and

other payments

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

● the estimated cost of repairs that fall outside of the Vehicle Protection Plan

● 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)

The Borrower must pay the Deductible stipulated in the Vehicle Protection Plan (see the

Vehicle Protection agreement). If Vehicle Protection does not cover the claim, the Borrower is

liable for the full amount of the damage and costs in accordance with the Uber Carshare

Other charges and costs for damage (which is not protected by Vehicle Protection) can be

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

payment directly to our bank account.

Please use your User 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 any dispute arises between Borrowers and Owners in relation to further damage to a

Vehicle caused by a Vehicle part failure when Borrower failed to notice, observe or respond to

warning lights or other signs (see Section 2 of the paragraph headed “Responsibility for

damage to mechanical components”), if a qualified expert undertakes an independent

investigation then the expert's decision will be final.

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; or

● hail damage