courtesy car insurance

In 2014 my car was hit by another car.
The other drive admitted full responsibility.
I rang my insurance company and was told to ring EasiDrive.
My car was taken away for repair and I was given a hire car, which I did not request but it seemed to be part of the package.
My car took a few weeks to fix.
It is now two-years on from the accident.
Yesterday I was contacted by a solicitor. He said I must sign a form which he has sent to me.
Apparently, Easidrive have not been paid for the courtesy car and I maybe liable for the hire of it which is £3000.
The solicitors letter, which arrived with the form, says they will charge me solicitors fees and I will be liable to pay for the courtesy car if I do not sign form and return it to them.
How can a solicitor charge me if I haven't hired them?
Has anyone come across this problem before? I am not sure what to do.

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    When you took the hire car you will have agreed a contract with the hirer which will have included your agreement to assist the hirer if it becomes necessary to take legal action to get their money from the liable third party

    If you refuse to assist that will be seen as a breach of the contract. The contract will allow them to turn their sights on to you to get you to pay them the money they cannot get paid.

    Which looks to be what they are threatening to do if you won't assist them!!
  • Ectophile
    Ectophile Posts: 7,328 Forumite
    First Anniversary Name Dropper First Post
    That rather assumes that the OP has actually agreed to a contract.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Ectophile wrote: »
    That rather assumes that the OP has actually agreed to a contract.
    Credit hire companies (and ordinary hire companies) don't give you the keys till you agree to the contract!
  • EdGasket
    EdGasket Posts: 3,503 Forumite
    edited 11 October 2016 at 10:28AM
    These type of posts are quite alarming.
    If your insurance company insists on using a 'claims' company for handling no-fault claims, can you tell the claims company that you don't want their hire car but will arrange your own and would they still help recover your costs for your 'own-arranged' hire car? I presume they wouldn't or would be slow/difficult.

    I have seen cases where the insured has been taken to court and have to prove they could not have afforded to hire a car themselves at less cost than the credit-hire company!!

    So what is the best thing to do to avoid the above scenario in a non-fault claim assuming the TP or their insurer won't play ball?
  • Quentin
    Quentin Posts: 40,405 Forumite
    EdGasket wrote: »
    ....So what is the best thing to do to avoid the above scenario in a non-fault claim assuming the TP or their insurer won't play ball?


    If you have comprehensive cover you can insist on going down the traditional route of your insurer doing the repairs, you paying your excess, temporary loss of NCD till the case is concluded.


    If you need a replacement car whilst yours is off the road and none is provided under your cover then you hire your own and add the cost to your other uninsured losses (including excess) and claim that back off the third party insurer. (Either by DIY/using any legal cover you have with your policy/instructing a solicitor to recover it)
  • dacouch
    dacouch Posts: 21,637 Forumite
    Name Dropper First Anniversary First Post
    EdGasket wrote: »

    I have seen cases where the insured has been taken to court and have to prove they could not have afforded to hire a car themselves at less cost than the credit-hire company!!

    If someone is in the financial position to pay out £80 a day to hire an executive car it's only fair that they are not entitled to get in a credit hire vehicle costing £300 a day for the same vehicle.

    Checking bank statements is the way this is checked
  • EdGasket
    EdGasket Posts: 3,503 Forumite
    dacouch wrote: »
    If someone is in the financial position to pay out £80 a day to hire an executive car it's only fair that they are not entitled to get in a credit hire vehicle costing £300 a day for the same vehicle.

    Checking bank statements is the way this is checked

    Maybe but Joe Public will just go along with what the claims company tell him which is to take their car; they aren't going to explain how much its adding to the claim or that he might one day have to explain why he didn't hire a car himself are they? The general public just have no idea about all this, they get told they are entitled to a hire car and it won't cost them etc. and of course they go along with that.
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