Car accident claim... what to do next?

more777

Hope someone is a ble to help as im a bit unsure about what to do next or whether i should just give up.
In 2005 my car (punto s reg) was hit but a white van at the junction of a roundabout. The driver left the scene without stopping. I was in the car with my family and we were able to get the number plate and this was confirmed by two witnesses.

As I only had 3rd party fire and theft, a friend gave me the number of solicitors to deal with my claim. I was given a hire car as my car was written off and my vehicle put in storage. months after the accident they came back saying the driver was denying liability and said it couldn’t have been his van as he was at home all evening and he has someone to back this up. I had to give back the hire vehicle and move my car (which I ended up having scrapped) after many letters back and forth I was told the only think I could do, would be to claim through the Motor Insurance Bureau. I did this and after many more letters was told by the solicitors Jan 2009 that they would settle my claim for £4500.

A third of this went to the solicitors and after three years I was glad it was over. Then two weeks ago I had a letter advising that because the other driver never took liability I was responsible for the car hire charges and storage charges back in 2005 and I would hear from them shortly. The hire company have now written to me asking for £2500 pounds, there is no invoice or breakdown of the charges and they want me to pay within 14 days.!!!!!

I had only been driving for a year when all this started and never really understood the whole claim process so went along with what I was advised. Now I feel like I should never have bothered as I will have lost out I phoned the company to ask then to send me an invoice and they said they would get someone to call me back as it all should have been attached to the letter. As yet I haven’t heard anything. Should I just give them the money or what....................

sorry if i have missed anything out.

mattymoo

I'm sorry but you have fallen into a classic trap with the car hire firm.
They are full of promises about how they will recoup their often over inflated hire costs from the other driver and that you will not have to pay a penny.
However, buried in the small print is a condition that states, if the claim against the other driver fails for whatever reason then you, the hirer, are responsible for their costs.

A few of us on here always warn people about this but people tend to ignore us. No good for you of course back in 2005 but I would try searching for threads on here about the hire firm involved and also some general terms such as "courtesy" "assistance" and "hire car".

one aspect you could explore is why your solicitor did not include these costs in his claim against the MIB? Did the solicitor arrange the car hire or put you in touch with the hire firm?

Buddug_2

Which hire car company is it?

geri1965_2

I'd refuse to pay it. Their costs are likely to be highly overstated, so let them issue proceedings and then a judge can decide if they are reasonable or not.

shelly

mattymoo wrote: »

I'm sorry but you have fallen into a classic trap with the car hire firm.
They are full of promises about how they will recoup their often over inflated hire costs from the other driver and that you will not have to pay a penny.
However, buried in the small print is a condition that states, if the claim against the other driver fails for whatever reason then you, the hirer, are responsible for their costs.

Is it a trap if its in the T&C/small print that you will be liable but people can't be bothered to read it?
I don't think it is.

My Dad recently had a hire car when his car was written off and was told a number of times over the phone and in the paperwork that he would be liable if the cost wasn't recovered from the other side.

The OP hasn't said if they saw any T&C at the time of getting the car so we don't really know the full story.

more777

Its with PVM Progress Vehicle Management

To be honest its so long ago i dont really remember. I have all my paperwork as i rarely throw anything away but cant find any terms and conditions, just a document with the car i hired and the dates.

missile

IMHO, £4500 for an S reg punto is a good settlement. However your solicitor ought to have added the cost of car hire and any other out of pocket expenses.

£2500 sounds a lot, but you did not say what car and for how long? I would write and refuse to pay until you receive a proper detailed invoice.

I guess the car was not owned by Progress Vehicle Management, but supplied by a.n.other company? If the charges are in line with that companies published rates plus a reasonable mark up, then I would pay up. If not I would refuse and take my chances in court.

missile

On their website Progress Vehicle Management advertise a link to this site:
http://www.nacho.org.uk/
Where you will find a list of agreed maximum settlement rates for car hire claims

Quentin

Ask your solicitor why the car hire wasn't included in the claim made to the MIB, and why you weren't advised to be prepared for the bill to turn up.

LinasPilibaitisisbatman

I'd have two questions.

If liability was never accepted why did you get a settlement of £4500???

Secondly even based on 2005 values 4.5k for a 7 year old punto? Something doesnt add up, can I suggest that this 4.5k included the charges for the hire car.

dacouch

There is quite a lot about credit hire companies on Honest Johns website, its one of his pet hates. There a few people who have similar situations who have either had it waived or the amount reduced.

HJ writes a motoring problem page for the Telegraph and you may find he will get involved as he really dislikes credit hire companies.