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Car Insurance Dispute - Going to Court

24

Comments

  • z1a
    z1a Posts: 2,522 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    PVT

    Yes I do see their point, but I wasn't offered a choice of car, Enterprise turned up at the repairers with the Kia, and said "This is yours"
    After the first 10 days or so I was phoning repairers almost daily to ask how long mine would be, they said they couldn't get the bumper, & it was 33 days before I got it back. In the meantime Claimfast / Acromas were saying "No panic, you have the Kia for up to 89 days."
    BTW, I was absolutely not at fault, I was indoors when my parked car was hit.
  • adamc260
    adamc260 Posts: 2,055 Forumite
    z1a wrote: »
    PVT

    Yes I do see their point, but I wasn't offered a choice of car, Enterprise turned up at the repairers with the Kia, and said "This is yours"
    After the first 10 days or so I was phoning repairers almost daily to ask how long mine would be, they said they couldn't get the bumper, & it was 33 days before I got it back. In the meantime Claimfast / Acromas were saying "No panic, you have the Kia for up to 89 days."
    BTW, I was absolutely not at fault, I was indoors when my parked car was hit.

    If you were in contact with the repairer that often and your insurer were telling you everything is fine... they should take the hit of the hire costs not yourself. Thats what I hate about credit hire, always bites the innocent person on the !!!! when that was what they were told you would get as a replacement car.
  • Whos the court action against? is it you v them, or you and them v otherside, or them v otherside you as a witness
  • z1a
    z1a Posts: 2,522 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Alistair,

    In my case it is the other driver (defendant) against me (Claimant).
  • if its you v the other driver, then why are the car hire company chasing you? What I would do is the following. contact your solicitor to comfirm any action you do. contact the credit hire company and tell them the name of your solicitor and your ref number(or what your solicitor says). This will let them talk to each other.

    If the case for the car hire goes to court you have nothing to worry about. you will need to write a letter to the judge and inform them to stay the claim untill your claim is sorted as your claim will determine who is liable for the bill.

    You have nothing to worry about. let your solicitors deal with it.
  • z1a
    z1a Posts: 2,522 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 13 March 2011 at 11:31PM
    It's not the hire company chasing me, it's Claimfasts solicitors chasing the third parties insurance for the hire costs. I need to provide them with any evidence I can to prove that it is a valid claim. Hope that makes it a bit clearer, although I'm not sure why I am the claimant rather than my insurance co.
  • notafan
    notafan Posts: 269 Forumite
    edited 14 March 2011 at 4:55AM
    Theres that honest john guy whos the telegraph motoring person and also has his own website that talks about this type of thing.

    Bottom line that the credit hire business is basically a scam and that the insurance company, the credit hire company and the garage are usually all in bed with each other to make more money.

    His advice is never to take a credit hire car and that its still awaiting some type of test case to see the legality of it because of the kick backs from the garage who drag the repairs on the cars out, the insurance company who recommend the credit hire company etc.

    Have a look on his website, there's endless discussion on it, there's a motor legal expert who gives advice on it too, just search credit hire.

    From memory there's the type of things that can cause the third party firm to want to reject it, such as legnth of time you've used the car, and the type of car (ie did you need a Mercedes when a nissan micra would have done the same job)

    Hopefully it'll give you a heads up on what grounds they'll try and reject it on so you can get evidence for it.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Notafan Honestjohn has Lucybc answering legal questions on his website, she and HJ recommend her legal co at any opportunity. Her legal company funnily enough offer credit hire (All be it apparantly with no risk to their customer).

    http://www.honestjohn.co.uk/forum/post/index.htm?t=90075
  • notafan
    notafan Posts: 269 Forumite
    I'm not recommending him for details of a law firm...

    as i said its so the OP can see what sort of things the other insurance company will reject.

    Car wise like him or not that site has a wealth of information.
  • z1a
    z1a Posts: 2,522 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Notafan,
    Thanks for that, will have a look at honest Johns website.
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