Talking Law with Brett Moller
Welcome back to all residents and our clients for the 2019 year. I hope you all enjoyed your break and are looking forward to the year ahead.
A recent event I was involved in over the Christmas break was a rental car and young Victorian tourist, not knowing the roads, who drove into a flooded freshwater creek causeway, where the car and driver were swept downstream.
The young lady and her partner had arrived in Cairns for a short holiday, flying in from Melbourne. The flight was a late flight arriving about 11.30pm at night. The couple went to a rental company to hire a car for their stay in Cairns. The application form was lengthy with fine print. Without properly reading the document the male partner took out the application in his name.
Usually all hire agreements contain inclusions and exclusions. The document the male partner had signed provided that he would be the sole driver of the vehicle and an exclusion was that he was not covered for flooded damage. As his female partner was the driver and there was no flood damage cover, he may not be able to rely on the insurance cover.
The best form of evidence is written evidence and if you sign a document, it is expected that you have read the document. You will have great difficulty in arguing against the provisions of a written agreement that you have signed.
As always, wherever possible, seek legal advice before entering legal contracts.
Brett Moller – Consultant Lawyer – Mob 0417 609 656
Vandeleur & Todd Solicitors – Gordonvale
ph 4237 1802