I. Purpose
The purpose of this damage policy is to provide a straightforward and transparent framework for handling any potential damage to a vehicle listed with Drive lah. It serves as a guideline and does not have a binding effect on Drive lah. If there is a conflict between this damage policy and the Member Agreement, the Member Agreement will take precedence. Please note that this damage policy is not an insurance policy. It outlines how damage claims involving Guest and Host who participate in rental activities will be resolved by Drive lah.
II. What does this damage policy cover?
This damage policy outlines the responsibility for damage to vehicles listed on the Drive lah platform and the process of organizing and payment repairs. It should be read in conjunction with the Member Agreement. In case of any conflicts between the two documents, the Member Agreement will take precedence.
Please note that when this damage policy mentions "damage," it does not include wear and tear. Examples of wear and tear can be found in the Schedule. Repairing wear and tear on a vehicle is not the responsibility of Drive lah or the Guest.
III. Guest and Host Responsibilities
Guest Responsibilities
At the start and end of each Booking Period, Guest must:
Inspect the Vehicle for damage; and
Take and upload photos of the Vehicle
The photos must:
Be a clear image of every part of the Vehicle, including the exterior panels on the bonnet, front, back, passenger side, roof, and driver's side, as well as the interior of the Vehicle.
Be captured regardless of whether the Booking starts or ends during daylight hours. If the Booking occurs outside of daylight hours, Guest should utilize a flash or any other available lighting to ensure the clearest possible images of the Vehicle are captured.
Immediately email the trip photos to support@drivelah.sg if the Guest is unable to upload the photos through the Drive lah trip page this is applicable for start and end of trip.
Be in unedited form and in the highest resolution available.
Host Responsibilities
Host must:
Regularly inspect their vehicle for any damage, conducting inspections promptly after each Booking Period and at least once per week.
Notify Drive lah of any identified damage as soon as it is discovered or within 24 hours for Non Drive lah go cars and within 72 hours for Drive lah go cars.
Damage reporting during trip
If a vehicle or third-party property sustains damage while the vehicle is in the possession of a Guest, it is essential for the Guest to promptly report the incident to Drive lah via our website or app. The report should include a description of the damage and accompanying photographs. Failure to report the incident correctly or any delays in reporting may result in the Guest being held responsible for any additional costs incurred.
Drive lah may ask the Guest or Host to:
Submit an accident report in accordance to GIA guidelines
Provide any other information or assistance required to assess a claim
IV. Who is responsible for damage?
Guest/Host are responsible for any damage that arises during their possession of a vehicle, except in specific instances of mechanical and tire damage, which are outlined below.
The Guest is considered to be in possession of a Vehicle from:
For Drive lah Go cars, the time they unlock the car or access the car at the commencement of a Booking until they lock the Vehicle, return the key at the end of their booking period; and
For Physical handover, they collect the key of the car at the commencement of the booking until they lock the car, and return the key at the end of their booking period.
The Host is considered to have possession of the Vehicle at all other times.
V. Damage Disputes
It is the responsibility of each Guest to capture and upload photos to record the condition of the car they have booked at the beginning and end of their possession. On the other hand, Hosts are accountable for inspecting their vehicle and reporting any damage to Drive lah.
If a Host reports damage to their vehicle, and it is uncertain who caused the damage, the last Guest who had possession of the vehicle will be held responsible for the damage, unless:
They can provide evidence that the damage occurred prior to their possession of the vehicle by presenting photos taken when they first took possession. In such cases, the same process will be repeated for previous bookings, if applicable.
They can demonstrate that the damage occurred after they returned the vehicle and completed their booking period by providing photos taken at the end of their booking period, after they had finished driving the vehicle. In such cases, the Host will be responsible.
If, upon completion of this process, the damage cannot be traced back to any Guest who had possession of the Vehicle within the stipulated time for valid reporting prior to reporting the damage, the Host has the option to review older trip photos.
If they discover photos indicating that the damage occurred during a specific Guest's trip, they may contact that Guest regarding the necessary repairs. However, Drive lah will not assist in investigating or recovering payment for any damage that occurred beyond the specified timeline for reporting
Exemplifying the protocol of this damage policy:
Scenario 1: A Host reports damage, and it is unclear who caused the damage. The last Guest did not upload any photos at the end of their trip.
Result: The last Guest will be held responsible for the damage.
Scenario 2: A Host reports damage, and it is unclear who caused the damage. The start-of-trip photos taken by the last Guest indicate that the damage was already present before they drove the vehicle. The same process is repeated for the prior Guest. The end-of-trip photos taken by the prior Guest demonstrate that the damage was not present when they returned the vehicle. The Host had possession of the vehicle between the two Bookings. (Applicable for Drive lah go enabled cars reporting within 72hrs)
Result: The Host is held responsible for the damage (up to their Damage and Loss Liability) because the damage must have occurred during the period between the two Guests' trips.
Scenario 3: A Host reports damage, and it is unclear who caused the damage. The start-of-trip photos uploaded by the last Guest (Guest 1) indicate that the damage was already present before they drove the vehicle. The same process is repeated for the prior Guest (Guest 2). However, Guest 2 did not upload any photos before or after their trip. (Applicable for Drive lah go enabled cars reporting within 72hrs)
Result: Guest 2 is held responsible for the damage (up to their Damage and Loss Liability). This remains the case even though the Host had possession of the vehicle between the Bookings. The absence of photos from Guest 2 does not affect their liability for the existing damage.
Scenario 4: A Host reported a damage more than the specified timeline for reporting whether Drive lah Go or Physical handover cars
Result: Drive lah will not assist in investigating or recovering payment for any damage that occurred beyond the specified timeline for reporting.
Drive lah will administer this damage policy to determine the party responsible for any damage. In the event of a dispute, Drive lah has the option (but is not obligated) to mediate the dispute. Drive lah will not accept liability or assume responsibility for any damage that cannot be specifically attributed or assigned to a particular individual or circumstance.
VI. Tyre Puncture
Any punctures or other damage to a tyre resulting from driving over foreign objects will be the responsibility of the Guest who was in possession of the vehicle at that time. The Guest will be required to bear the costs associated with repairing or replacing the tyre.
If there are any punctures or tyre damage caused by wear and tear (as defined below), it will be the responsibility of the Host, even if such incidents occur during a Guest Booking. In such cases, the Host will be accountable for covering the expenses related to repairing or replacing the tire.
Regardless of the cause of a flat tire or puncture, if a Guest drives with a flat tyre, they will be held responsible for any resulting damage to the wheel or vehicle.
Protection Plan does not cover Tyre damage.
VII. Keys - Lost, Stolen, Not Returned, Damaged
In the event that a Vehicle key is damaged, lost, stolen, or not returned by a Guest, the Guest will be responsible for the expenses incurred in cutting new keys and recoding the car's computer to render the missing key inoperative in the ignition. However, the cost of replacing lock barrels will not be charged to the Guest.
Drive lah will determine applicable additional fines for keys not returned or stolen keys.
Refer to XII. Replacement parts coverage for key damages that requires replacements
VIII. Repairs
If a Vehicle sustains damage that compromises its safety or reliability, it is necessary to block the calendar and make it unavailable until the damage is repaired. In any other scenario, the Host has the discretion to decide whether to proceed with the repair of the damage or not. Repairs or repair reimbursement will be determined by Drive lah as necessary.
If a part is determined to be repairable by our repairers Drive lah will not process a reimbursement for a replacement instead for repair only.
Arranging repairs
Drive lah may assist the Host to obtain estimates for, or to organize repairs to their vehicle. The Host and the Guest will be required to communicate in a timely manner and Drive lah will help facilitate the process including sharing the details of the claim as required.
The choice of repairer will be arranged between Drive lah and the Host. The Guest who is liable is not entitled to review or approve the quotes however:
Drive lah 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.
A Host 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 liable Guest will not have a decision over this matter.
Loss of Use or Downtime Fee during repair
Both parties agree that this is a reasonable amount to compensate the Host for the loss of use of their Vehicle during the repair. The amount will be credited to the Host account in a single lump sum after the end of the repair period. The Hosts are entitled for a compensation of $50 for every day their car is on repair due to damage caused by a Guest. This is up to a maximum of 6 days and determined by Drive lah if applicable.
This amount is not payable:
In relation to mechanical issues; repairs that does not require full day
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 Drive lah.
As a compensation for lost income while your car is unavailable for bookings.
Insurance claims, Damage and Loss Liability and other payments
Where a Guest is responsible for Loss or Damage, they may be charged:
The cost of repairs
Service fees as set out in our fees and fines policy
Towing & Storage (charged at cost) or transport costs (each way if the Host takes the car there and back) Drive lah determines what is applicable
Independent assessor’s damage assessment fees if applicable
A payment to the Host for loss of use of the Vehicle (as set out above)
If the damage is caused by an actual accident Excess fees applicable will be charged in line with the vehicle insurance policy. In the event that there's a Breach of Policy maximum amount of repair will be passed onto the liable Guest. Guest Payment for damages or excess is by the payment card on file.
Protection Plan
If a Guest opts to add protection plans in their trip applicable coverage will take effect the protection plan is voided when:
a) A Guest does not report the damage or accident immediately or within 24 hours
b) If the Guest chooses to make a private settlement the Guest must inform Drive lah if not the protection plan will not be applicable
c) A Guest repairs the car on its own and seeks reimbursement from Drive lah without Drive lah approval
d) Breach of policy
Insurance Policy
For young drivers (24 years old and younger) an additional excess of $1000 plus GST is applicable for both Section I & II
For Malaysia trips an additional excess of $1500 plus GST is applicable for both Section I & II
For drivers with less than 2 years driving experience an additional excess of $1000 plus GST is applicable for both Section I & II
Plus GST for both Section I & II
For more information refer to this article: https://help.drivelah.sg/en/articles/3211370-insurance-policy-comprehensive-3rd-party
IX. Delays caused by Host
In Drive lah’s reasonable judgment, If the Host causes delays that result in increased repair costs or additional expenses, these costs may be passed on to the Host. This includes situations such as:
a) The Host failing to respond to Drive lah's emails or provide requested information within 3 business days of the request.
b) Any action or inaction by the Host that hinders the progress of the repairs.
If the Host has not responded to a request for photos or information regarding a repair claim within two weeks of Drive lah's initial request, Drive lah may inform the Host that they will no longer assist in organizing repairs or collecting payment from the Guest. In such a case, the Host will be responsible for contacting the Guest directly to collect payment.
X. Pre-existing damage
When a Guest is responsible for damage to a Host car and the damaged part had an existing damage, Drive lah will:
check the car’s condition photo log for any damage already present in the same area (‘pre-existing damage’); and
check whether the Host has received cash settlement from any Guest for the pre-existing damage (‘previous cash settlement’)
Any pre existing damage proven not to be caused by a Guest will be declined
If a Guest causes damage and:
there is pre-existing damage;
the Host 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;
The Guest will be charged the cost of repairing the new damage only. Drive lah will instruct the workshops to exclude any pre-existing damage from the repair quote.
XI. Replacement parts coverage
Drive lah covers reasonable and necessary repairs of trip-related damage, including the use of like, kind, quality (LKQ) parts and the use of aftermarket parts. If your vehicle has aftermarket replacement parts and they're damaged, they will be covered by your protection plan.
For vehicles that are 2 years old or newer and have fewer than 40,000 kilometers at the start of the trip, Drive lah protection will reimburse the cost for OEM parts.
For vehicles that are more than 2 years old or have more than 40,000 kilometers at the start of the trip, Drive lah protection will reimburse the lesser cost of aftermarket, LKQ, or OEM replacement parts.
Aftermarket parts and accessories
Drive lah will cover the cost of repair or replacement for permanently attached aftermarket accessories, such as wheels, wraps, and clear covers. Please note that this coverage does not extend to aftermarket accessories that do not replace original parts, such as roof racks, camper tops, tonneau covers, etc., or items offered as Extras. We also provide coverage for damage to wheelchair-accessible equipment, including lifts, ramps, and related parts. In the event of a total loss, the actual cash value (ACV) includes the cost of aftermarket parts, accessories, and/or other modifications only to the extent that they increase the overall ACV of the vehicle.
XII. Wear and Tear
Area of Vehicle | Wear and Tear Includes |
Any surfaces not specified below | Any minor:
where the paint is not penetrated through to the metal / body panel. Any minor:
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). |
Wear & tear does not include:
damage that is due to misuse
hail damage