Non Fault Accident, Vehicle Repair Credit Agreement?????
Non Fault Accident, Vehicle Repair Credit Agreement?????
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Discussion

ILoveMondeo

Original Poster:

9,616 posts

255 months

Monday 24th February 2014
quotequote all
What's all this st then?

GF has been shunted from behind (ooh-err), 3rd party accepted all blame etc..

Let our insurers know, as we should. Now been given a load of guff from "Help Hire Limited" which appears to be a credit agreement for the repairs and all associated fees, hire cars, engineers fees for a quote (yeah I know, that's taking the piss a bit), and other admin fees.

So essentially we're agreeing to cough up in the event that our insurer cant squeeze the cash out of the 3rd party.

I thought that was what the insurance company was supposed to do? They seem to have farmed it out to a 3rd party and all the risk is on the GF personally.

Is this normal? It's a good 10 years since I had a similar claim, but there was none of this back then... I phoned the 3rd partys insurer direct, they arranged garage, car and repairs directly.

I dont like the look of this contract one little bit.

Thanks!

BTW our insurer is Admiral, 3rd party is Allianz

barryrs

5,028 posts

252 months

Monday 24th February 2014
quotequote all
My advice would be avoid at all costs and speak to the third party's insurers.

My wife was in a similar situation and when Albany assistance in her case refused to tell me how much they would charge per day for car hire I told them to get stuffed.

I also have a friend that accepted a new e class merc hire car as it was a like for like replacement facing a £10k court claim from the management company when the third party insurer refused to cover the costs.

A complete bunch if shysters who tried to progress personal injury claims against our will.

nails1979

642 posts

170 months

Monday 24th February 2014
quotequote all
If they've admitted liabilty and yous have told the whole truth then nothing to worry about.
The engineer fees are because the estimates have to be vetted to make sure the garage isn't clicking additional costs so the third party insurance can't twist.
The credit protection policy protects against everything else.
The people that get stung are those that lie about the circumstances.
You's would of had a good 30 minute conversation about this.

barryrs

5,028 posts

252 months

Monday 24th February 2014
quotequote all
I'm sorry nails I don't agree.

The third party will only and rightly pay reasonable costs for car hire and these company's hire car rates are far from it.

Buy signing the agreement you are accepting any costs the third party won't pay.

kingofdbrits

630 posts

222 months

Monday 24th February 2014
quotequote all
I recently had a non-fault accident (someone hit me from behind on A1M when i was stationary) and they admitted fault, i rang my insurer who gave me a number of a third party that deal with non-fault accidents (accident Exchange), they just told me to drop my car off at a coachworks (my choice & Mazda approved), i filled in a questionnaire giving details of accident, that was it. Got a courtesy car that they dropped off at coachworks, only thing i signed was the survey of the condition of my car and the hire car (same as when you hire any car). So no agreement for anything.

All things considered, everything went as smoothly as it possibly could.

Tom H

543 posts

216 months

Monday 24th February 2014
quotequote all
Check the legal cover wording as On mine it had a clause saying that if the accept the case the legal cover costs and repairs and hire costs are insured and thus I will never be accountable for any of the hire or repair.

They have to have the credit agreement in your name as you are the one that would be financially at a loss. Ie the claimant.

That said speak to Allianz and they will sort it for you

nails1979

642 posts

170 months

Monday 24th February 2014
quotequote all
barryrs said:
My advice would be avoid at all costs and speak to the third party's insurers.

My wife was in a similar situation and when Albany assistance in her case refused to tell me how much they would charge per day for car hire I told them to get stuffed.

I also have a friend that accepted a new e class merc hire car as it was a like for like replacement facing a £10k court claim from the management company when the third party insurer refused to cover the costs.

A complete bunch if shysters who tried to progress personal injury claims against our will.
They wont have refused. Its like asking thecheckout staff at tesco how much they buy the cola in for.
plus the costs are different per case. Which car. How long. Insurance criteria for the drivers.
which company did your friend use and why are the costs disputed?
You must of mentioned an injury for it to be passed to solicitors in the first place.

nails1979

642 posts

170 months

Monday 24th February 2014
quotequote all
barryrs said:
I'm sorry nails I don't agree.

The third party will only and rightly pay reasonable costs for car hire and these company's hire car rates are far from it.

Buy signing the agreement you are accepting any costs the third party won't pay.
you do know about the GTA and what the pre agreed rates are right?

GoodDoc

622 posts

205 months

Monday 24th February 2014
quotequote all
barryrs said:
My advice would be avoid at all costs and speak to the third party's insurers.
I'll second what barryrs said. My car was hit while it was parked. Cut and dried case, phoned my insurer, ended up in the same situation as you are but I failed to spot the credit agreement. Couple of weeks after my car was returned I received notice that the 3rd parties insurer was disputing the hire car charges (can't blame them, 5 days hire car came to more than the car repairs). It got to within 5 days of the court case before the third party backed down.

Lesson learnt, my insurance company had no interest in helping me with the claim, I was passed off to a company who make money with excessive hire charges and want you to indemnify them if the third party don't pay. If I get hit again I'm taking the bus, would have been much easier for everyone involved.

ILoveMondeo

Original Poster:

9,616 posts

255 months

Monday 24th February 2014
quotequote all
Tom H said:
Check the legal cover wording as On mine it had a clause saying that if the accept the case the legal cover costs and repairs and hire costs are insured and thus I will never be accountable for any of the hire or repair.

They have to have the credit agreement in your name as you are the one that would be financially at a loss. Ie the claimant.

That said speak to Allianz and they will sort it for you
Nope, nothing to that effect (that I can see anyway)...

It's all "you are liable for costs of X Y Z" and "you will pay us on demand"...

Me no likey.


barryrs

5,028 posts

252 months

Monday 24th February 2014
quotequote all
nails1979 said:
you do know about the GTA and what the pre agreed rates are right?
Nope?

I felt uneasy about the credit agreement so phoned the third party insurer myself. They were very clear what they would pay per day but Albany refused to confirm what they would charge.

With regards to the personal injury, a no win no fee solicitor contacted my wife misleading her into thinking she was talking to the management company. She said that she felt a little stiff the day after but felt it was not worthy of a claim. They then proceeded to issue a claim regardless.

I spoke to the repairer and asked the bill and compaired that to what was paid by the third party and miracously it had doubled.

These company's have more to answer than anyone for inflating our insurance premiums.

Edit

In my friends case the repairs took months as the first attempt was rejected as the rear beam was stated as being replaced when it wasn't.

The management company were charging just shy of £200 per day but the third party would only (understandably) pay just under £100.

The management company came after my friend for the difference as he signed the credit agreement.


Edited by barryrs on Monday 24th February 22:04


Edited by barryrs on Monday 24th February 22:05

TwigtheWonderkid

49,062 posts

179 months

Monday 24th February 2014
quotequote all
ILoveMondeo said:
Tom H said:
Check the legal cover wording as On mine it had a clause saying that if the accept the case the legal cover costs and repairs and hire costs are insured and thus I will never be accountable for any of the hire or repair.

They have to have the credit agreement in your name as you are the one that would be financially at a loss. Ie the claimant.

That said speak to Allianz and they will sort it for you
Nope, nothing to that effect (that I can see anyway)...

It's all "you are liable for costs of X Y Z" and "you will pay us on demand"...

Me no likey.
Check with Helphire. They are one of the largest and most respected credit hire/repair firms, and work within the guidelines of the insurance industry. I'm sure they will have insurance to cover shortfall of recovery charges, and you will not be liable.

SteBrown91

3,129 posts

158 months

Monday 24th February 2014
quotequote all
I had Albany/helphire pressed on me by 3rd party's admiral. They told me I had to pay etc but admiral assured me they would pick up the entire bill and they did (no money changed hands other than 15 quid fuel surcharge). They are a bit of a shifty outfit but my car was repaired to a good standard with vw parts etc so can't grumble too much I suppose

yellowtang

1,790 posts

167 months

Monday 24th February 2014
quotequote all
barryrs said:
I'm sorry nails I don't agree.

The third party will only and rightly pay reasonable costs for car hire and these company's hire car rates are far from it.

Buy signing the agreement you are accepting any costs the third party won't pay.
This isn't quite the case. You will have to sign for the hire charges because from a legal standpoint you can only claim for costs that you actually incur. However, credit hire companies will actually give you the hire on a credit basis in order that you don't have to pay up front, they will also 'sell' you an insurance policy to indemnify you against any charges which they fail to recover.

The downside of credit hire is not really financial from your point of view, it's the fact that there is always a possibility that you could have to appear in court (county court) if there is a dispute regarding charges which cannot be resolved. Also, if the third party driver happens to live a long way from you then you will have to travel to their local county court.

KungFuPanda

4,640 posts

199 months

Monday 24th February 2014
quotequote all
If liability is clear cut and the other party have admitted liability, try contacting their insurers directly. Their insurers will in all likelihood have some kind of a third party capture team who will be geared up to deal with all aspects of your claim including repairs, hire, other uninsured losses and injury. They will bend over backwards to accommodate your wishes as they will not want you to go to a third party claims management company as the costs will increase.

They will provide you with a hire car from their own panel so the bill will be settled directly by them and they will in all likelihood allow you to get your car repaired at any garage you choose.

AJB

856 posts

244 months

Monday 24th February 2014
quotequote all
KungFuPanda said:
If liability is clear cut and the other party have admitted liability, try contacting their insurers directly. Their insurers will in all likelihood have some kind of a third party capture team who will be geared up to deal with all aspects of your claim including repairs, hire, other uninsured losses and injury. They will bend over backwards to accommodate your wishes as they will not want you to go to a third party claims management company as the costs will increase.

They will provide you with a hire car from their own panel so the bill will be settled directly by them and they will in all likelihood allow you to get your car repaired at any garage you choose.
This is exactly how it worked out for my wife recently. The RAC (who recovered her car) did their best to frighten her into using them as an accident management company, her own insurer did their best to make her think she had to use their preferred repairer, but the 3rd party's insurer were really helpful, approved repair at our choice of garage, and even dropped off a courtesy car at the repairer ready for her to collect when she brought hers in. It was the least hassle I've ever had with insurance related things.

ILoveMondeo

Original Poster:

9,616 posts

255 months

Tuesday 25th February 2014
quotequote all
Thanks for all the advice!

Will have a chat with Admiral and the 3rd party insurer today.

Cheers

pork911

7,365 posts

212 months

Tuesday 25th February 2014
quotequote all
Generally, there has to be an enforceable contract between you and the credit repairer and credit hirer. Otherwise while you may have the benefit you haven't got a loss that can be claimed and they on their own haven't got a cause of action against the third party.

There will usually be a nod and a wink, side agreement or side policy to reassure you that in the event of non-recovery of all or part of the charges they won't come to you for it.

Should matters proceed to Court your understanding of that will likely not be mentioned wink

Typically they may not come to you for any shortfall unless liability goes against you and you weren't open and honest or in any event where you fail to co-operate in efforts to recover the charges (it being YOUR claim).

By that stage you may have perjured yourself and likely destroyed your defence against any potential claim from them...in trying to help them, though whether they would want their procedures and documents open to proper scrutiny is another matter.

Does it sound like a sham? wink


In your case the third part insurer may well be helpful for obvious reasons but if the same company were your insurer they would likely act just as your actual insurer are.

Does it sound like it's been a merry go round?

The insurers have been up to their necks in it (to offset losses, of course wink) and the costs involved far exceed whiplash they shout so loudly about (though whiplash has been the key to open up much of these claims wink).

Of course with the ban on referral fees and introduction of ABS mean the world is a much fairer place and premiums will become very low wink