Hiring company lied about insurance......
Discussion
Hi folks,
A young lad that i know recently hired a car (he was 17).
He then had an accident somewhere on the M65, pretty close to one of PH's local plod (not telling!).
Police gave him the routine request for producing insurance etc.
Hiring company tell him that he is not insured and that he had better pay up £5000 for the car.
He now also has a court case due and is looking at a minimum 6 month ban.
Of course it's his own fault for being too naive and not asking for documentation when he hired the car etc.
Now, bearing in mind that:
1. The blokes who run the company hiring the cars lied about the insurance.
2. They are pretty well known for being heavy handed and would snap his neck if he tried to apportion any blame to them (which might negate point 1).
3. He's a naive teenager who is now grafting hard and skipping college lessons to do overtime so he can pay off the cowboy hiring outfit.
what i am wondering, is wether the court would have even an ounce of lenience for him?
Looks pretty grim to me.....
A young lad that i know recently hired a car (he was 17).
He then had an accident somewhere on the M65, pretty close to one of PH's local plod (not telling!).
Police gave him the routine request for producing insurance etc.
Hiring company tell him that he is not insured and that he had better pay up £5000 for the car.
He now also has a court case due and is looking at a minimum 6 month ban.
Of course it's his own fault for being too naive and not asking for documentation when he hired the car etc.
Now, bearing in mind that:
1. The blokes who run the company hiring the cars lied about the insurance.
2. They are pretty well known for being heavy handed and would snap his neck if he tried to apportion any blame to them (which might negate point 1).
3. He's a naive teenager who is now grafting hard and skipping college lessons to do overtime so he can pay off the cowboy hiring outfit.
what i am wondering, is wether the court would have even an ounce of lenience for him?
Looks pretty grim to me.....
Sounds iffy to me.
I think he should probably get some legal advice, as he may have a defence due to the circumstances - I've never come across car hire that you had to arrange your own insurance for, so he may have a defence in that respect. The hiring company are also guilty of an offence if they knowingly allowed him to drive without it.
I certainly wouldn't be paying them a penny of what they demand - it may also be worth having a word at the nick if they are being nasty about it.
I think he should probably get some legal advice, as he may have a defence due to the circumstances - I've never come across car hire that you had to arrange your own insurance for, so he may have a defence in that respect. The hiring company are also guilty of an offence if they knowingly allowed him to drive without it.
I certainly wouldn't be paying them a penny of what they demand - it may also be worth having a word at the nick if they are being nasty about it.
tank slapper said:
The hiring company are also guilty of an offence if they knowingly allowed him to drive without it.
The rental company would certainly be in the wrong if they let him take the car without *any* insurance, and I very much doubt they did. What I suspect happened is that the car rental included the minimum statutory 3rd party insurance, and nothing more. In that case the renter would be responsible for any damage to the car, and the rental agreement would probably have said that explicitly. The normal sensible thing to do if you're renting a car that's worth anything, is pay extra for fully comprehensive cover. I guess that's where the renter went wrong in this case. I'm afraid that if that's what happened, it's up to him to pay for the repairs.GreenV8S said:
tank slapper said:
The hiring company are also guilty of an offence if they knowingly allowed him to drive without it.
The rental company would certainly be in the wrong if they let him take the car without *any* insurance, and I very much doubt they did. What I suspect happened is that the car rental included the minimum statutory 3rd party insurance, and nothing more. In that case the renter would be responsible for any damage to the car, and the rental agreement would probably have said that explicitly. The normal sensible thing to do if you're renting a car that's worth anything, is pay extra for fully comprehensive cover. I guess that's where the renter went wrong in this case. I'm afraid that if that's what happened, it's up to him to pay for the repairs.The OP reads that the hirer was lead to believe that insurance was in place.
I believe that there is some law that states debts incurred by a minor (under 18) can't be enforced. Therefore if he told the hiring company to do one, they wouldn't be legally able to pursue him for the money.
This is the reason why any youngster wishing to take out finance usually requires a guarantor.
This is the reason why any youngster wishing to take out finance usually requires a guarantor.
DIW35 said:
I believe that there is some law that states debts incurred by a minor (under 18) can't be enforced. Therefore if he told the hiring company to do one, they wouldn't be legally able to pursue him for the money.
This is the reason why any youngster wishing to take out finance usually requires a guarantor.
This may be true.....my 16 year old daughter joined a gym and paid her membership through monthly direct debit,unfortunately she found herself without a "Saturday" job for a couple of weeks and didn't have any cash in her account to meet the payment one month (this was unbeknown to me and her mum).The gym chased her for the missing month's payment but when it was pointed out to them she was 16 they stopped the chase.....This is the reason why any youngster wishing to take out finance usually requires a guarantor.
esselte said:
DIW35 said:
I believe that there is some law that states debts incurred by a minor (under 18) can't be enforced. Therefore if he told the hiring company to do one, they wouldn't be legally able to pursue him for the money.
This is the reason why any youngster wishing to take out finance usually requires a guarantor.
This may be true.....my 16 year old daughter joined a gym and paid her membership through monthly direct debit,unfortunately she found herself without a "Saturday" job for a couple of weeks and didn't have any cash in her account to meet the payment one month (this was unbeknown to me and her mum).The gym chased her for the missing month's payment but when it was pointed out to them she was 16 they stopped the chase.....This is the reason why any youngster wishing to take out finance usually requires a guarantor.
The 17yo driver in the OP will also be looking at a retest (extended??) if he gets done for no insurace. Since the 6 points will be enough to lose his license being within 2 years of passing and whatnot.
Edited by Festisio on Sunday 23 December 11:18
Festisio said:
esselte said:
DIW35 said:
I believe that there is some law that states debts incurred by a minor (under 18) can't be enforced. Therefore if he told the hiring company to do one, they wouldn't be legally able to pursue him for the money.
This is the reason why any youngster wishing to take out finance usually requires a guarantor.
This may be true.....my 16 year old daughter joined a gym and paid her membership through monthly direct debit,unfortunately she found herself without a "Saturday" job for a couple of weeks and didn't have any cash in her account to meet the payment one month (this was unbeknown to me and her mum).The gym chased her for the missing month's payment but when it was pointed out to them she was 16 they stopped the chase.....This is the reason why any youngster wishing to take out finance usually requires a guarantor.
Thanks for the input folks,
After speaking to him, he's decided it's just not worth the hassle of trying to apportion blame to the hiring company. He's just going to deal with the punishment.
He dosen't want his family being hassled and has learnt a hard lesson.
If i ever hire a car, the first thing i'll do is fly onto www.askmid.com
After speaking to him, he's decided it's just not worth the hassle of trying to apportion blame to the hiring company. He's just going to deal with the punishment.
He dosen't want his family being hassled and has learnt a hard lesson.
If i ever hire a car, the first thing i'll do is fly onto www.askmid.com
Razo said:
After speaking to him, he's decided it's just not worth the hassle of trying to apportion blame to the hiring company. He's just going to deal with the punishment.
He dosen't want his family being hassled and has learnt a hard lesson.
Poor decision if you ask me. He should have a word with the police about the possibility of harassament. If he pleads guilty to this he will lose his licence and have to retake his test, and at 17 getting insurance on anything is expensive enough without 6 points on his licence.He dosen't want his family being hassled and has learnt a hard lesson.
I still think he should get legal advice before making a final decision.
tank slapper said:
Razo said:
After speaking to him, he's decided it's just not worth the hassle of trying to apportion blame to the hiring company. He's just going to deal with the punishment.
He dosen't want his family being hassled and has learnt a hard lesson.
Poor decision if you ask me. He should have a word with the police about the possibility of harassament. If he pleads guilty to this he will lose his licence and have to retake his test, and at 17 getting insurance on anything is expensive enough without 6 points on his licence.He dosen't want his family being hassled and has learnt a hard lesson.
I still think he should get legal advice before making a final decision.
definitely.TVR moneypit said:
Wacky Racer said:
tank slapper said:
Razo said:
After speaking to him, he's decided it's just not worth the hassle of trying to apportion blame to the hiring company. He's just going to deal with the punishment.
He dosen't want his family being hassled and has learnt a hard lesson.
Poor decision if you ask me. He should have a word with the police about the possibility of harassament. If he pleads guilty to this he will lose his licence and have to retake his test, and at 17 getting insurance on anything is expensive enough without 6 points on his licence.He dosen't want his family being hassled and has learnt a hard lesson.
I still think he should get legal advice before making a final decision.
definitely.He should have a word with the police officer who is dealing with his case, and he should get legal aid (go see the citizens advice) there is no way that he should roll over on this, it's usually always the hire company who provide the insurance on a hire car, you may be expected to pay a reasonable excess fee, say £200, but no more.
Most reputable hire companies won't hire vehicles to anyone under 21yrs old, so this company does seem dodgy, and I'm sure the police would also like to shut it down if it is so.
If he rolls over on this, it will cost him dearly for years.............
Most reputable hire companies won't hire vehicles to anyone under 21yrs old, so this company does seem dodgy, and I'm sure the police would also like to shut it down if it is so.
If he rolls over on this, it will cost him dearly for years.............
guys i think your missing the point
OP's friend clearly hired the car from a dodgy back street garage, probably given an old banger, doubt there was an agreement- certainly doesn't sound like the sort of place that most of us would want to rent vehicles from!
Don't really have a lot of sympathy for anyone who is going to get involved with this sort of person. If you make stupid decisions don't be surprised when they come back to bit you on the arse.
OP's friend clearly hired the car from a dodgy back street garage, probably given an old banger, doubt there was an agreement- certainly doesn't sound like the sort of place that most of us would want to rent vehicles from!
Don't really have a lot of sympathy for anyone who is going to get involved with this sort of person. If you make stupid decisions don't be surprised when they come back to bit you on the arse.
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