Car Accident & Subsequent (Lengthy) Claim
Discussion
A long one, I'm sorry...
I was involved in a car accident (other driver at fault) that resulted in a 13 month long attempt to repair my car before it was declared a total loss.
During this time I had hire car provided by my insurance, I had specifically selected this as an addition to the policy.
Understandably, to a degree, the 3rd party insurance are disputing the claim costs. I imagine 13 months of hire car charges is a sizeable sum of money!
Getting to the point. The claims handling company, apparently acting on my behalf, has sent several letters over the last 12 months with questionnaires for me to complete - mostly asking whether I could've afforded a hire car myself. Reluctantly, I have returned these completed pointing out it was not my duty to pay for a hire car. Further insults such as asking: could I have afforded to replace the car myself and could I have borrowed money from family to pay for a hire car have been directed at me.
A subsequent letter has arrived today. The claims handling company now request copies of my bank and credit card statements to use as evidence in the dispute.
Now, I'm not powerfully built nor a director in shape or form but I earn a good salary. In a court of law, a good solicitor could easily argue I was able to pay for it myself. Besides the point I feel having selected and paid for a hire car on my insurance policy.
I'm damned if I'm going to give out bank statements or account details to a random claims company.
Has anyone been in such a situation or have any advice to offer to me?
TL;DR: Car insurance claim. Hire car provided. Claims handler requesting evidence of income to determine whether it could've been funded privately. Where do I stand?
I was involved in a car accident (other driver at fault) that resulted in a 13 month long attempt to repair my car before it was declared a total loss.
During this time I had hire car provided by my insurance, I had specifically selected this as an addition to the policy.
Understandably, to a degree, the 3rd party insurance are disputing the claim costs. I imagine 13 months of hire car charges is a sizeable sum of money!
Getting to the point. The claims handling company, apparently acting on my behalf, has sent several letters over the last 12 months with questionnaires for me to complete - mostly asking whether I could've afforded a hire car myself. Reluctantly, I have returned these completed pointing out it was not my duty to pay for a hire car. Further insults such as asking: could I have afforded to replace the car myself and could I have borrowed money from family to pay for a hire car have been directed at me.
A subsequent letter has arrived today. The claims handling company now request copies of my bank and credit card statements to use as evidence in the dispute.
Now, I'm not powerfully built nor a director in shape or form but I earn a good salary. In a court of law, a good solicitor could easily argue I was able to pay for it myself. Besides the point I feel having selected and paid for a hire car on my insurance policy.
I'm damned if I'm going to give out bank statements or account details to a random claims company.
Has anyone been in such a situation or have any advice to offer to me?
TL;DR: Car insurance claim. Hire car provided. Claims handler requesting evidence of income to determine whether it could've been funded privately. Where do I stand?
TooMany2cvs said:
DuncB7 said:
During this time I had hire car provided by my insurance
Provided by your insurer, or by a credit-hire company?DuncB7 said:
Reluctantly, I have returned these completed pointing out it was not my duty to pay for a hire car.
The angle they're taking is that you could have taken reasonable steps to mitigate the costs.HTF did it take 13mo to decide your car was toast, though?
Long old story re length of claim. Mainly due to repairer incompetence and availability of parts.
TooMany2cvs said:
Credit-hire is the old accident-management company scam, at massively higher daily rates than normal. Even more fun, though, is that as part of the agreement you agree to pay them if they don't reclaim them from the other insurer... You need to dig the paperwork out...
Who selected the repairer that turned out to be incompetent?
Jesus wept. 13 months of hire car charges I could be liable for Who selected the repairer that turned out to be incompetent?
I have just been reading about credit-hire agreements. Very concerned now. Paperwork for that insurance policy is long gone.My insurance selected the repairer in this instance. I hope that stands me in a more favourable place.
Edited by DuncB7 on Friday 20th January 17:20
Perhaps naively, I felt that having paid for a hire car on my insurance I was entitled to one FOC whilst my car was repaired. I was not aware of the credit-hire arrangement and subsequent implications of such agreements.
Again, naively, as it may turn out, I assumed the charges were all taken care of behind the scenes given the accident wasn't my fault. I thought the fault was the main driver it in all. After all, had he not driven carelessly, there would've been no need for any hire car.
From what you guys have kindly pointed out, it seems very much in my own interest to cooperate with their requests.
In theory then, I could be on the hook for a serious amount of money. I shall pour myself a large whisky.
Again, naively, as it may turn out, I assumed the charges were all taken care of behind the scenes given the accident wasn't my fault. I thought the fault was the main driver it in all. After all, had he not driven carelessly, there would've been no need for any hire car.
From what you guys have kindly pointed out, it seems very much in my own interest to cooperate with their requests.
In theory then, I could be on the hook for a serious amount of money. I shall pour myself a large whisky.
ked here. I unwittingly accepted the 'like-for-like' replacement which was a 4x4 vehicle at times.herewego said:
Was there a time limit on the courtesy car provision from your own insurance company. If not then, it seems to me, your own insurance company must pay for whatever they can't get out of the third party. I'd have been asking questions after a month.
I was not made aware of any time restriction.I can assure you I was asking questions. I was left to expedite the repair schedule entirely on my own; often helping source parts and suppliers to speed the process.
dacouch said:
You are on the hook for the money if you intentionally miss led them into giving you a hire car if you lied about how the accident happened. But you're not on the hook if you did not miss lead them and assist them claiming the money back.
These things are generally settled betweem Insurer and credit hire company before it reaches court
Reassuring advice, thank you. Absolutely did not mislead anyone at any stage during the process.These things are generally settled betweem Insurer and credit hire company before it reaches court
KevinCamaroSS said:
Not really helpful to yourself to dispose of important papers during the process. You should ask for copies from the insurance company.
Obviously, I have to agree with you. For a claim which I assumed was closed in 2014, one could be forgiven for disposing of paperwork.Wish said:
You seeem to have taken the piss, thinking you can get away with driving around in a hire car for that amount of time.
On one hand perhaps, yes, rather naively, as it may turn out. On the other, the incompetent repairer and subsequent lack of management and expediting from my insurance caused the 13 month duration.From the T&Cs quoted earlier in the thread; I interpret that I should've found my own hire car for the other 12.5 months of the claim.
Sheepshanks said:
You have to agree to support them in the event of a dispute, but I've never heard of anyone having to pay the bill themselves.
Fingers crossed for same result.voyds9 said:
If they had repaired/replaced the car in a timely manners there wouldn't be these charges
This is the main issue imo.Unknowingly at the time, I've clearly entered into a credit-hire agreement naively believing my insurance would be along to mop behind with their cheque book.
Had they taken my advice that a repair would be difficult given the car was limited edition and 15 years old, we wouldn't be in this position.
The Spruce goose said:
I know when I had a non fault claim and hire car I spent a long time sorting it out as I read about stories like this. No help I know. Did you tick legal cover as well as you should get one involved.
I have a feeling I will need to get my own lawyer for this. Not convinced I selected legal cover with that policy.pork911 said:
So, exactly how much are we talking?
I do not know the exact figure, 400 days (ish) @ £X when X is probably large is a nasty number. Thanks for your advice and input.
pork911 said:
justifying the credit hire involves pretending they were and knew they were on the hook and so made an entirely reasonable decision, kept it under constant review and were fully engaged with keeping it all to an absolute minimum.
There's the issue right there then. I signed away for hire vehicles unknowingly accepting to the terms of hire-credit, not caring the blindest as to keeping it under review and the costs to an absolute minimum.I was inconvenienced from the accident and just took what I thought I was 'entitled' to me at the time.
1453 days after the initial accident and just 24 hours before I was due to give evidence in court, the claim settled between the insurers & hire credit provider.
Initial offering was around 50% of total costs. Eventually settled out of court for approx 65% of the total. Somewhat relieved.
Lesson learned; do not enter into hire credit agreement.
Initial offering was around 50% of total costs. Eventually settled out of court for approx 65% of the total. Somewhat relieved.
Lesson learned; do not enter into hire credit agreement.
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