5. HEALTH BENEFITS?

The European

Health Insurance

Card (EHIC) gives us free or reduced-cost treatment in other EU countries. The Government has signalled an intention to keep the scheme – or a similar one – going.

SOPHIE BUTLER

TRAVEL EXPERT

The line between what is accidental and what is negligent in traffic law can be unclear

Over Easter, I hired a car from Locauto at Milan Airport through the broker Auto

Europe. Its reservation voucher clearly stated that my potential damage liability was limited to €1,700 (£1,500). I could reduce this liability to zero by purchasing Auto Europe’s own damage excess insurance, which I did. On the first night of our holiday I had a head-on collision. It was my fault. I had made a left turn and stayed left.

I have since received an invoice from Locauto demanding €9,500 for damage to the rental car. Locauto says that because I have been issued with a police fine of €196 for violating Italian Traffic Law 143 (driving the wrong way down a street) my CDW cover is null and void so I am liable for the full cost. Because Locauto has voided my CDW cover, Auto Europe says cover under its excess policy, which would have paid out £3,000, is also withdrawn.

I admit I made a serious driving error but I didn’t deliberately set out to flout the Italian Highway Code.

GARY HANDA

QAGILL CHARLTON

CONSUMER CHAMPION

Mr Handa contacted me after reading about a similar case I resolved also involving Locauto. Rental companies will void CDW cover if the driver is under the influence, or drives with deliberate negligence, but Locauto withdraws cover if a police fine for contravening the Italian Highway Code has been issued.

I contacted Enterprise Rent-a-Car in the UK (Locauto is its Italian franchisee) to see if it could help argue Mr Handa’s case. Mr Handa’s crash was clearly an accident rather than a deliberate act of negligence. Thanks to Enterprise’s persistence, a senior Locauto agent spoke to Mr Handa. She said that while Locauto could not overturn the decision to void the CDW, she was willing to accept a negotiated settlement. Mr Handa offered to pay €4,000, on the condition that Locauto confirmed it was now classifying the crash as an accident. Locauto accepted.

Armed with this revised paperwork, Mr Handa went back to Auto Europe. Its insurance underwriters, Rightpath, say they will now accept the claim and pay the maximum of £3,000 towards the excess cost, leaving Mr Handa a more bearable £540 out of pocket. Enterprise acknowledges that the line between what is accidental and what is negligent can be unclear. It is reviewing this term with Locauto and how it is applied in cases like this.

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