Insurance issue? Is this normal?
Discussion
You mention 3x the cost of the rest of the claim, yet wonder why they haven't paid?
There's no absolute right to a replacement car at all (and at any cost, for any time etc) and you are under a duty to keep your losses to a minimum.
Very briefly, the issues will likely involve your need for a hire car at all (you managed when it was warm), of that type and for how long; the level of the charges; and; whether you were 'impecunious' (hence the request for bank statements), this is whether you had the money or ability to get cheaper credit etc to pay upfront for a cheaper hire car than the one you've had on credit.
There's no absolute right to a replacement car at all (and at any cost, for any time etc) and you are under a duty to keep your losses to a minimum.
Very briefly, the issues will likely involve your need for a hire car at all (you managed when it was warm), of that type and for how long; the level of the charges; and; whether you were 'impecunious' (hence the request for bank statements), this is whether you had the money or ability to get cheaper credit etc to pay upfront for a cheaper hire car than the one you've had on credit.
Regarding credit hire - what is the situation if you in a no-fault accident you call your own insurance company and they, asking no questions, instruct in accident management company to deal with everything? They ask no questions but arrange for a hire car to be delivered, and you sign the forms without reading them in detail.
I don't think the average man in the street would want to go out and hire a car out of their own pocket because you would expect the insurer to say "oh, you shouldn't have done that, we could have done it much cheaper, we will only pay you the rate we would have paid".
This is roughly the situation a relative was in, although I think the other side paid the (substantial) costs the (useless) accident management company ran up, all as advised by their insurer (and probably disputed by the other party's insurer).
I don't think the average man in the street would want to go out and hire a car out of their own pocket because you would expect the insurer to say "oh, you shouldn't have done that, we could have done it much cheaper, we will only pay you the rate we would have paid".
This is roughly the situation a relative was in, although I think the other side paid the (substantial) costs the (useless) accident management company ran up, all as advised by their insurer (and probably disputed by the other party's insurer).
For what it's worth I think you will be fine. They will realise you didn't have the means to pay, and you are only in a corsa after trying to manage without a car for 2 months and finding you couldn't.
The only questions I would ask are:
Paul
The only questions I would ask are:
- does your profession change things? As a garage owner perhaps you will find they might suggest you'd have access to other garage vehicles or something?
- isn't their a thread on these very public Internet pages about some car wash guys damaging your car? You got a trusted paint chap to sort it out and they picked up the bill. If that was during this period you talk about, then is this a car you could have been using in lieu of the hire car?
Paul
Gareth79 said:
Regarding credit hire - what is the situation if you in a no-fault accident you call your own insurance company and they, asking no questions, instruct in accident management company to deal with everything? They ask no questions but arrange for a hire car to be delivered, and you sign the forms without reading them in detail.
I don't think the average man in the street would want to go out and hire a car out of their own pocket because you would expect the insurer to say "oh, you shouldn't have done that, we could have done it much cheaper, we will only pay you the rate we would have paid".
This is roughly the situation a relative was in, although I think the other side paid the (substantial) costs the (useless) accident management company ran up, all as advised by their insurer (and probably disputed by the other party's insurer).
A Defendant should pay the full costs of a hire agreement someone failed to read? It's entirely open to such a Claimant to declare all this. It may cause some difficulties in recovering some / all the costs from the Defendant but not necessarily excuse the Claimant from paying (they had the benefit and knew it wasn't free etc).I don't think the average man in the street would want to go out and hire a car out of their own pocket because you would expect the insurer to say "oh, you shouldn't have done that, we could have done it much cheaper, we will only pay you the rate we would have paid".
This is roughly the situation a relative was in, although I think the other side paid the (substantial) costs the (useless) accident management company ran up, all as advised by their insurer (and probably disputed by the other party's insurer).
Some might suggest there is a side agreement or a nod and a wink to the claimant on hiring (or no explanation at all
) that the hire company would never ask the claimant for a penny as long as they co-operate in recovering costs from the Defendant, but that would make the whole thing a sham, which couldn't possibly be the case.pork911 said:
You might change your opinion if the OP were to disclose the daily rate, extras and total cost for just a corsa.
About £35 a day, so assuming he's been in it for five months it would be circa £5300 with the value of the written off car being only circa £1500.I would lay good money the claims management company / credit hire companies name ends in... "bany"
dacouch said:
About £35 a day, so assuming he's been in it for five months it would be circa £5300 with the value of the written off car being only circa £1500.
I would lay good money the claims management company / credit hire companies name ends in... "bany"
Ah. Balbany bassistance. I remember these bloody sharks wouldn't leave me alone when I had a non fault crash. I would lay good money the claims management company / credit hire companies name ends in... "bany"
eltax91 said:
Ah. Balbany bassistance. I remember these bloody sharks wouldn't leave me alone when I had a non fault crash.
You did well to avoid them as their claims tend to end up like the OP's which bearing in mind the credit hire companies won't put you in a CH car without the other party accepting liability is some ask. The OP could just have asked the other Insurers to pay his written off car directly and had it settled in a few weeks.It never ceases to amaze me how credit hire companies manage to stretch claims out and their customers don't complain because they're driving a new hire car
eltax91 said:
For what it's worth I think you will be fine. They will realise you didn't have the means to pay, and you are only in a corsa after trying to manage without a car for 2 months and finding you couldn't.
The only questions I would ask are:
Paul
Hi yes that was our car or should I say the family runabout, we both have a car, I had the car which is having the issues now and the other family car so to speak is the golf, which is used by the other half and my youngest son, who she takes nursery and uses that car for work, I also have a daughter which I run to school and used the car that got damaged, obviously when it was warm it wasn't much of an issue to walk her to school, as the weather got colder it wasn't that nice and I asked for a car, I wasn't under the impression it was anything other than a courtesy car, the fact it costs more etc I feel is not really my issue, should they have just paid me out I would have moved on and just replaced the car, instead I am made to be looked into like a crook?The only questions I would ask are:
- does your profession change things? As a garage owner perhaps you will find they might suggest you'd have access to other garage vehicles or something?
- isn't their a thread on these very public Internet pages about some car wash guys damaging your car? You got a trusted paint chap to sort it out and they picked up the bill. If that was during this period you talk about, then is this a car you could have been using in lieu of the hire car?
Paul
As my job as a garage owner I still use my own car to get to and from work but once at work I work in the garage with tools etc on other peoples cars, should I have to pick one up I have a recovery truck, I cant really run the kids around it that and bring it home, can you imagine the look on the neighbours face? Basically yes I use and work on cars but I have no other vehicles I could use.
There's still no change, got to ring the solicitors tomorrow to see what outcome has been decided from the other parties insurance.
pork911 said:
You might change your opinion if the OP were to disclose the daily rate, extras and total cost for just a corsa.
Daily rate I think is charged at £50, surely if the insurance was that way inclined they would have settled before I took a car? It wasn't like I was out to make a large bill as much as I could, they seem to be doing that well themselves!eltax91 said:
Ah. Balbany bassistance. I remember these bloody sharks wouldn't leave me alone when I had a non fault crash.
It's not them, from what I can make out the company I am using doesn't have any bad press so to say.dacouch said:
You did well to avoid them as their claims tend to end up like the OP's which bearing in mind the credit hire companies won't put you in a CH car without the other party accepting liability is some ask. The OP could just have asked the other Insurers to pay his written off car directly and had it settled in a few weeks.
It never ceases to amaze me how credit hire companies manage to stretch claims out and their customers don't complain because they're driving a new hire car
That isn't the case I can assure you, a corsa although new isn't a great car in my eyes, it's just some wheels, I chase the company every two days and have kicked off numerous times with me getting the backs up of a few and asking if they are keeping me in a hire car on purpose, it didn't go down well I assure you, I just want this nightmare over, it's horrendous, if it wasn't bad enough to have an accident, trying to work and chase up all this mess is enough, plus I get various companies now on my case for whiplash etc, it's never ending.It never ceases to amaze me how credit hire companies manage to stretch claims out and their customers don't complain because they're driving a new hire car
Carl
Edited by C. Grimsley on Monday 28th April 19:06
Edited by C. Grimsley on Monday 28th April 19:08
Edited by C. Grimsley on Monday 28th April 19:12
Edited by C. Grimsley on Monday 28th April 19:20
C. Grimsley said:
That isn't the case I can assure you, a corsa although new isn't a great car in my eyes, it's just some wheels, I chase the company every two days and have kicked off numerous times with me getting the backs up of a few and asking if they are keeping me in a hire car on purpose, it didn't go down well I assure you, I just want this nightmare over, it's horrendous, if it wasn't bad enough to have an accident, trying to work and chase up all this mess is enough, plus I get various companies now on my case for whiplash etc, it's never ending.
Carl
Naive of you to think they're not hanging the claim out or have unintentionally delay the claim through being ineffecient.Carl
Edited by C. Grimsley on Monday 28th April 19:06
Edited by C. Grimsley on Monday 28th April 19:08
Edited by C. Grimsley on Monday 28th April 19:12
Edited by C. Grimsley on Monday 28th April 19:20
How long do you think it would have taken your own Insurers to pay you out for your written off car? I would suggest the average is circa three weeks.
As stated before the hire company will not normally hire you a car without the other party actually confirming to them that they accept liability. Assuming this was the case, how long do you think the third parties Insurers would have taken to pay out for your claim if you had just gone direct to them. I would suggest an average again of between three and four weeks.
If the claims management without complaints is Helphire, try googling "Helphire court action employee email"
dacouch said:
Naive of you to think they're not hanging the claim out or have unintentionally delay the claim through being ineffecient.
How long do you think it would have taken your own Insurers to pay you out for your written off car? I would suggest the average is circa three weeks.
As stated before the hire company will not normally hire you a car without the other party actually confirming to them that they accept liability. Assuming this was the case, how long do you think the third parties Insurers would have taken to pay out for your claim if you had just gone direct to them. I would suggest an average again of between three and four weeks.
If the claims management without complaints is Helphire, try googling "Helphire court action employee email"
It's not them either. I will take a look at the link.How long do you think it would have taken your own Insurers to pay you out for your written off car? I would suggest the average is circa three weeks.
As stated before the hire company will not normally hire you a car without the other party actually confirming to them that they accept liability. Assuming this was the case, how long do you think the third parties Insurers would have taken to pay out for your claim if you had just gone direct to them. I would suggest an average again of between three and four weeks.
If the claims management without complaints is Helphire, try googling "Helphire court action employee email"
Carl
C. Grimsley said:
That isn't the case I can assure you, a corsa although new isn't a great car in my eyes, it's just some wheels, I chase the company every two days and have kicked off numerous times with me getting the backs up of a few and asking if they are keeping me in a hire car on purpose, it didn't go down well I assure you, I just want this nightmare over, it's horrendous, if it wasn't bad enough to have an accident, trying to work and chase up all this mess is enough, plus I get various companies now on my case for whiplash etc, it's never ending.
Carl
I hope you don't think I was having a go. Sounds like you have taken all reasonable steps to me. Carl
Edited by C. Grimsley on Monday 28th April 19:06
Edited by C. Grimsley on Monday 28th April 19:08
Edited by C. Grimsley on Monday 28th April 19:12
Edited by C. Grimsley on Monday 28th April 19:20
Insurance companies like to wriggle sometimes.
As long as you can explain the situation at court then I'm certain you will get paid what you are owed and have no claim against you for the hire car.
As the weather is now looking up, maybe send the car back as this will only reflect well on your need for a car in the cold weather?
eltax91 said:
I hope you don't think I was having a go. Sounds like you have taken all reasonable steps to me.
Insurance companies like to wriggle sometimes.
As long as you can explain the situation at court then I'm certain you will get paid what you are owed and have no claim against you for the hire car.
As the weather is now looking up, maybe send the car back as this will only reflect well on your need for a car in the cold weather?
Yes I was thinking the same to be honest, I was going to call them today and sort that out but just lost track of time.Insurance companies like to wriggle sometimes.
As long as you can explain the situation at court then I'm certain you will get paid what you are owed and have no claim against you for the hire car.
As the weather is now looking up, maybe send the car back as this will only reflect well on your need for a car in the cold weather?
Seems with a busy day at work etc, things like this just don't get a look in, I don't know about anyone else but trying to find five minutes in the working day to spend some time on the phone is just out the question.
Carl
Little update, the hire car I had went back a few weeks ago now, just as it keeps bloody pissing it down.
Got a call from my solicitors, after having my private and savings accounts investigated they now want all details of the joint account, seems they must really be going to town on me, have to say it's not pleased the missus.
Carl
Got a call from my solicitors, after having my private and savings accounts investigated they now want all details of the joint account, seems they must really be going to town on me, have to say it's not pleased the missus.
Carl
Well this is still very much on going, I have to say I am at my wits end, so much so I contacted my own solicitor today to see what he thought about it all, he said he has not heard of anything like it for such a small and straight cut claim, not to mention them admitting liability.
Today was the final straw, I have given them literally all my financial details, even a joint account and now they have rung today and asked for all my business accounts, it's just unreal, I just hope this is going to get sorted, Friday I have an appointment to tell my own solicitor what's what and see what he proposes we do, it just seems like I have to prove I am an innocent person in a car accident,
A very stressed Carl
Today was the final straw, I have given them literally all my financial details, even a joint account and now they have rung today and asked for all my business accounts, it's just unreal, I just hope this is going to get sorted, Friday I have an appointment to tell my own solicitor what's what and see what he proposes we do, it just seems like I have to prove I am an innocent person in a car accident,
A very stressed Carl
C. Grimsley said:
Well this is still very much on going, I have to say I am at my wits end, so much so I contacted my own solicitor today to see what he thought about it all, he said he has not heard of anything like it for such a small and straight cut claim, not to mention them admitting liability.
Today was the final straw, I have given them literally all my financial details, even a joint account and now they have rung today and asked for all my business accounts, it's just unreal, I just hope this is going to get sorted, Friday I have an appointment to tell my own solicitor what's what and see what he proposes we do, it just seems like I have to prove I am an innocent person in a car accident,
A very stressed Carl
No, as I said above they are seeking to understand if you mitigated your loss. If the only way that you could have received a courtesy car was by way of a credit-hire agreement then that is reasonable. If, however, you failed to mitigate your loss and incurred unreasonable costs then why should the other party pay for them?Today was the final straw, I have given them literally all my financial details, even a joint account and now they have rung today and asked for all my business accounts, it's just unreal, I just hope this is going to get sorted, Friday I have an appointment to tell my own solicitor what's what and see what he proposes we do, it just seems like I have to prove I am an innocent person in a car accident,
A very stressed Carl
You do have to prove your claim - that's part of being a claimant.
It shouldn't be particularly stressful to print out some bank statements.
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