Hire car liability
Author
Discussion

Jaguar99

Original Poster:

675 posts

67 months

Friday 9th July 2021
quotequote all
Booked a hire car for Sunday afternoon delivery to my home for a trip early on Monday

At 6pm this evening (Friday) the car was parked at the side of my house by the hire company and the keys were dropped through my letterbox. No knock at the door and no paperwork

Does this mean the hire has now started as I have the key or does the hire not start until Sunday afternoon when the booking is supposed to start?

Who is responsible for the car right now?

Can I legally use the car from now or does it just have to sit there until Sunday?

It’s on my employers insurance and is parked legally and sensibly so I am not worried from that point of view. It would be handy to use it tomorrow for a few things and move it off the road onto my drive ready for Monday morning

ResQ1

99 posts

77 months

Friday 9th July 2021
quotequote all
No, you cant start using it now.

The hire period starts on the date and time you booked it for. The hire car company are liable for the car until then, and you are not insured on it until the start of the hire period.

If you move or use the car until then you will be responsible for any damage or incidents.

Edited by ResQ1 on Friday 9th July 21:58

Jaguar99

Original Poster:

675 posts

67 months

Friday 9th July 2021
quotequote all
That’s what I suspected

It would have been useful if they had actually knocked on the door and told me or had dropped it off early enough before they closed for me to phone and ask them…

Starfighter

5,347 posts

207 months

Saturday 10th July 2021
quotequote all
That won’t stop them claiming from you for any damage that occurs whilst sitting there after being dropped off or whilst waiting for them to get around to collecting it.

Take time stamped photographs at the start of the rental period and when you call them to say it is ready for collection.

Jaguar99

Original Poster:

675 posts

67 months

Saturday 10th July 2021
quotequote all
Starfighter said:
That won’t stop them claiming from you for any damage that occurs whilst sitting there after being dropped off or whilst waiting for them to get around to collecting it.

Take time stamped photographs at the start of the rental period and when you call them to say it is ready for collection.
Fair point…

Jaguar99

Original Poster:

675 posts

67 months

Saturday 10th July 2021
quotequote all
anonymous said:
[redacted]
Pretty sure the 3rd party clause excludes hire cars

Wouldn’t want to use my insurance anyway

JeffreyD

6,155 posts

69 months

Saturday 10th July 2021
quotequote all
I'd have been driving it from the moment it was dropped off, especially as it's on the OP's employer's insurance.


monthou

5,340 posts

79 months

Saturday 10th July 2021
quotequote all
Jaguar99 said:
Pretty sure the 3rd party clause excludes hire cars
It's either hired - and therefore insured - or not hired, surely?
Unless it's Schrodinger's car.

JeffreyD

6,155 posts

69 months

Saturday 10th July 2021
quotequote all
monthou said:
It's either hired - and therefore insured - or not hired, surely?
Unless it's Schrodinger's car.
Plus it's hired to the OPs employer.

Sheepshanks

40,976 posts

148 months

Saturday 10th July 2021
quotequote all
Jaguar99 said:
It’s on my employers insurance ...
I wonder if it might be OK as it's covered by the employer - assuming they cover SD&P? Having said that, I suppose they won't regard the car as hired until the hire period starts.

Neighbour of mine has an Enterprise car sitting outside his house pretty well all the time. Apparently his 'firm' (he works for a public body) only pay for the car when he's using it. He can only use it for business though.

Red9zero

11,186 posts

86 months

Saturday 10th July 2021
quotequote all
My employer covers the hire car from when it is dropped off until it is collected and are happy for me to drive it between those times. I had to check this as the hire company always park in the most stupid places (eg. 2 days early blocking the pavement on a main road) so I invariably have to move it to a sensible place.

ResQ1

99 posts

77 months

Saturday 10th July 2021
quotequote all
anonymous said:
[redacted]
Very sure !

The hirer doesn't have the hire companies consent to use the car until the start of the hire period. So using it before could see you charged with TWOC AND driving without insurance.

DOC normally specifically excludes hire cars, and even if it does still needs the hire companies consent to use the car, which only starts at the time of the paid hire period, not when the car is dropped off.

Even on the employers insurance cover wouldn't start until the time the hire starts, until then the hire car is covered on the hire companies insurance.

ResQ1

99 posts

77 months

Saturday 10th July 2021
quotequote all
Starfighter said:
That won’t stop them claiming from you for any damage that occurs whilst sitting there after being dropped off or whilst waiting for them to get around to collecting it.

Take time stamped photographs at the start of the rental period and when you call them to say it is ready for collection.
Good call !

ResQ1

99 posts

77 months

Saturday 10th July 2021
quotequote all
Red9zero said:
My employer covers the hire car from when it is dropped off until it is collected and are happy for me to drive it between those times. I had to check this as the hire company always park in the most stupid places (eg. 2 days early blocking the pavement on a main road) so I invariably have to move it to a sensible place.
Whilst your employer may feels its ok for you to do this, the hire company may have a different opinion if they drop a car off before the start of the official hire period.

If its ever involved in an incident and the police contact the hire company to ask who was driving you could well find yourself being charged with TWOC as outlined above.

JeffreyD

6,155 posts

69 months

Saturday 10th July 2021
quotequote all
ResQ1 said:
Whilst your employer may feels its ok for you to do this, the hire company may have a different opinion if they drop a car off before the start of the official hire period.

If its ever involved in an incident and the police contact the hire company to ask who was driving you could well find yourself being charged with TWOC as outlined above.
The hire car posted the keys through the door and fked right off.
Seems like a green light to me.

Certainly not an offence for police involvement here.

Jaguar99

Original Poster:

675 posts

67 months

Saturday 10th July 2021
quotequote all
ResQ1 said:
Whilst your employer may feels its ok for you to do this, the hire company may have a different opinion if they drop a car off before the start of the official hire period.

If its ever involved in an incident and the police contact the hire company to ask who was driving you could well find yourself being charged with TWOC as outlined above.
This was my initial concern. I am happy the company insurance is in place and covers SDP but wasn’t sure if I was permitted by the hire company to use if before the hire is booked to start

With regard to using my own 3rd party cover (which I don’t need to because of the company cover) the wording is:

“The policyholder may also drive with the consent of the owner of a private motor car as long as the other car is not a hire or rental car, is not owned by you or your partner nor obtained by you or your partner under a hire purchase or lease agreement, within our territorial limits, providing there is a valid insurance policy in force for that car. The cover is Third party only.”

Red9zero

11,186 posts

86 months

Saturday 10th July 2021
quotequote all
ResQ1 said:
Red9zero said:
My employer covers the hire car from when it is dropped off until it is collected and are happy for me to drive it between those times. I had to check this as the hire company always park in the most stupid places (eg. 2 days early blocking the pavement on a main road) so I invariably have to move it to a sensible place.
Whilst your employer may feels its ok for you to do this, the hire company may have a different opinion if they drop a car off before the start of the official hire period.

If its ever involved in an incident and the police contact the hire company to ask who was driving you could well find yourself being charged with TWOC as outlined above.
The way they normally abandon it when they drop it off, they must assume I am going to move it somewhere better / legal.

TwigtheWonderkid

49,024 posts

179 months

Saturday 10th July 2021
quotequote all
ResQ1 said:
Red9zero said:
My employer covers the hire car from when it is dropped off until it is collected and are happy for me to drive it between those times. I had to check this as the hire company always park in the most stupid places (eg. 2 days early blocking the pavement on a main road) so I invariably have to move it to a sensible place.
Whilst your employer may feels its ok for you to do this, the hire company may have a different opinion if they drop a car off before the start of the official hire period.

If its ever involved in an incident and the police contact the hire company to ask who was driving you could well find yourself being charged with TWOC as outlined above.
If a hire firm drops a car off early and posts the keys thru the OP's letterbox, in those circumstances, there isn't a snowball's chance in hell of the police charging him with TWOC. Would never happen.

As for insurance, if the car is covered by the OP's fleet insurers from the moment it comes into an employee's possession until it's returned, then insurance is in place.

Over the years at my firm, we had many hire cars delivered early or collected late that we used for the entire period we had them. And I can think of one occasion where the car was involved in an accident. It wasn't an issue.

Jaguar99

Original Poster:

675 posts

67 months

Saturday 10th July 2021
quotequote all
TwigtheWonderkid said:
If a hire firm drops a car off early and posts the keys thru the OP's letterbox, in those circumstances, there isn't a snowball's chance in hell of the police charging him with TWOC. Would never happen.

As for insurance, if the car is covered by the OP's fleet insurers from the moment it comes into an employee's possession until it's returned, then insurance is in place.

Over the years at my firm, we had many hire cars delivered early or collected late that we used for the entire period we had them. And I can think of one occasion where the car was involved in an accident. It wasn't an issue.
I like your logic. Just a shame I couldn’t get this confirmed or denied by anyone at the hire company or in the fleet team due to time it was dropped off and because they didn’t knock on the door.

They often do drop cars off to me early but normally only a few hours and I only move as far as my drive from wherever they leav or. This time it was two days early which at first seemed like a touch but then a bit of overthinking later and here we are discussing it biglaugh

ResQ1

99 posts

77 months

Saturday 10th July 2021
quotequote all
TwigtheWonderkid said:
If a hire firm drops a car off early and posts the keys thru the OP's letterbox, in those circumstances, there isn't a snowball's chance in hell of the police charging him with TWOC. Would never happen.

As for insurance, if the car is covered by the OP's fleet insurers from the moment it comes into an employee's possession until it's returned, then insurance is in place.

Over the years at my firm, we had many hire cars delivered early or collected late that we used for the entire period we had them. And I can think of one occasion where the car was involved in an accident. It wasn't an issue.
Yep it does happen. I know, because I've confirmed it to the investigating officer.

The car was delivered to a customer, parked legitimately on the public highway on the understanding that hire of the car didn't start until the Monday. Customer decided to use it over the weekend to attend a family wedding as it was a much more upmarket car than his own, was involved in an RTA.

Subsequent investigation led to an inquiry of "when did the customer have permission to use the vehicle ?"

"Hire starts at 8am on the Monday."

"So he didn't have permission to use the car on the weekend ?"

"No, we were told the hire was to start 8am Monday. Thats what they paid for"

"Ok, so it was used without the owners consent, we'll charge him with that as well as DWDCA."

Fleet insurance kicks in when the car comes "on hire". Before that its on the hire companies insurance until the start of the rental period.