Drive Assist couldn't recover costs

spatchcock

Many months ago the rear wing of my wife's car was hit by someone as they changed lanes on a large roundabout. He admitted fault (although I guess not in a legally binding way) and she agreed to get a quotation for the repair in an attempt to settle the matter without involving insurance companies. Predictably he balked when he saw the price of a new panel, respray, courtesy car etc. I'm guessing that it amounted to more than the total value of his car.

They went down the insurance route and she ended up getting a car from the infamous Drive Assist while hers was being repaired. As I understand it they're a 'Credit Hire' company, specialising in just this type of 'non-fault' claim. They've continued to ask questions sporadically for the last several months, usually asking for things that were clearly stated on the original claim form. Finally she's received a letter announcing that they have been "unsuccessful in effecting full recovery of the credit hire changes from the Third Party Insurers". More to the point they say that they've instructed a firm of solicitors to attempt a recovery on her behalf.

Although I've tried to stay out of this as much as possible up until now, this rang some alarm bells for me, which is why I'm here seeking some advice. I can only assume that there's potential here for us to get landed with a large legal bill along with the hire car fees (which we would never have agreed to if we'd had the choice). I presume most insurance companies are too lazy to fight for a relatively small claim and will probably agree on joint liability despite the evidence.

Should we be looking to involve our own solicitor? How does this relate to her insurance company, from whom we haven't heard since Drive Assist were appointed? I assume the third party insurance hasn't paid up for the damage either. We're obviously keen to avoid this counting as claim on her policy.

All help greatly appreciated.

oscarward

I went down this route about 2 years ago, the TPI agreed a write off valuation but argued on car hire costs.

The Accident management company engaged a solicitor who basically intimated that if I didn't play ball then I would be landed with the costs.

Looking back I can see why things were done but at the time it wasn't explained very well.

Legally I, personally, had to sue the other driver. The accident management company couldn't, nor could I sue the other insurers. So to allow that I had to have an uninsured loss of the hire charges, so there had to be a threat that I would have to repay the hire charges.

The accident management company were pulling the strings, but it was all in my name. What I was told by the AMC (not Drive assist) was that the TPI were trying it on and would eventually come to a negotiated settlement so not to worry, I wouldn't have to pay the charges whatever happened. Me worry? I was tearing my hair out and told them if I thought it would come to this would never have gone near them!

The final outcome was that the other side caved in a week before the hearing and a an agreed settlement was reached. I understand it was £400 under the claim cost but I was glad they settled.

Still a stressful and worrying time , not least because the hearing date was set for when I would be in Spain on holiday!:eek:

lisyloo

Probably what has happened is that the car hire charges are high and the third party is disputing them.
Most likely they will come to some agreement before court.

As above any legal action will have to be in your wife's name and she will have to co-operate and agree to attend court if necessary.

I know it's not possible for everyone, but if this happens to me I'll be getting the bus.

InsideInsurance

Drive Assist are part of the ABI Credit Hire Scheme and most insurers are too so therefore there are normally only 3 things that can be in dispute:

1) Liability
2) The car that you were given
3) The length of hire

The ABI scheme presets things like the day rate for each class of vehicle, fees for collection etc.

If there is any dispute and you are even remotely considering paying a few grand for your own solicitor - remembering that if the claim for non injury items are under £5,000 then legal costs cannot be claimed - you need to find out exactly which element is in dispute and what arguments have been used.

The classic for this sort of thing is its either gone 50:50 as they claim you merged into their lane rather than visa versa, that they say you could have used a smaller car whilst yours was in for repairs and/ or that the repairs took longer than they should and the car only should have gone in when all parts were there ready etc.

sarahg1969

lisyloo wrote: »

Probably what has happened is that the car hire charges are high and the third party is disputing them.
Most likely they will come to some agreement before court.

As above any legal action will have to be in your wife's name and she will have to co-operate and agree to attend court if necessary.

I know it's not possible for everyone, but if this happens to me I'll be getting the bus.

Agree. BUT.... she should be wary if the hire company sends her an unsigned hire agreement and asks her to sign it.

I've noticed that it's been quite popular recently for the hire companies to attach an electronic signature to hire agreements, where that signature was actually obtained on another document. It may well be that your wife did not sign a credit hire agreement at the commencement of hire, stating that she would be responsible for the charges.

TAF

You need to find out if the other insurance company have admitted liability if so what %. Sometimes roundabouts go down as 50/50 blame.. in which case drive assist may pursue your wife for the remainder of the cost. I have used drive assist in the past and, personally, i cant fault them...great car great service.

sarahg1969

TAF wrote: »

You need to find out if the other insurance company have admitted liability if so what %. Sometimes roundabouts go down as 50/50 blame.. in which case drive assist may pursue your wife for the remainder of the cost. I have used drive assist in the past and, personally, i cant fault them...great car great service.

This is a reason why it is important for the OP's wife not to sign any hire agreements that may be sent to her. Without a hire agreement signed at the commencement of hire, they will have difficulty recovering payment from the OP's wife (if the insurers don't pay), particularly if she was advised it was a courtesy car.

chinamanlow

Weve just "dealt" with them,what insurance company is she with? people dont realise and i now know that you dont NEED DA being pushed on to you.....its a self interested gravy train for lazy insurers,DA wont usually want to deal with claims that arent cut and dried.
Best saying no to them,pay your excess yourself (£200-300) and instruct your own lawyer you prefer/trust and a hire car thats not gonna stealth charge you at the slightest thing to make money etc. How the DA scam goes is when you sign the electronic PDA they reproduce 6 times your signature on loads of legal hire agreement waffle speak totally getting you in the ringer for them. Taking your CC for hire agreements details should ring alarm bells.
Their own driver staff hate them with a passion and assist you in not getting scammed.Ironic.
In my wifes case I said SO many times to her insurer "Why do we bother paying you when youre not in control ?,DA are,its the tail wagging the dog "

chinamanlow

Two years ago DA were taken to court for reproducing sigs' via a PDA on email PDF files to cover their a-ss and to rip off non fault "clients" they backed down in court cause basically the judge said they could have placed on anything saying you sign your life away on them without actually touching paper,I'd threaten them with legal action via an outside lawyer myself in your position.....they'll probably try to make you pay all the costs of the car you "hired" theyre scumbags-leeches-i hate em and the more i learn, the more i hate.
I cancelled the hire agreement within 7 days and complained SO MUCH they probably were scared to deal with me anymore.
The sad thing is with insurance companies is.....they complain about paying out SO much but THEY sell on your name=DA rip you off and suck out as much blood from the TP=it stays on your history=everyone takes a cut including a compo lawyer=LOSER ....YOU when you pay your premium.

forgotmyname

Mum had a similar problem, Not sure on the company name.

They phoned her and sent letters asking for her to sign so they could reclaim
the costs of the hire car.

I told her not to sign anything. Just send all the letter on to her solictor handling the claim.

If you dont have a solictor then pass the details onto your insurance and dont sign anything that may leave you
open to the costs.

She received letters for ages after saying they still couldnt reclaim the costs.

Minniehaha_2

We have just been passed to DA after a non fault accident, my other half felt forced into car hire believing it was a courtesy car. Having not slept the previous night as a result of the accident, he was not aware.

I was at work when the car arrived, they took our bank details and left a totally unsuitable car. Now when I look to cancel within the seven day cooling off period I was told to read the terms and conditions, there it says consequences of termination.

We have to deliver the vehicle back and if its not clean you have to pay £40 for a clean. ( what if it's raining and the car gets dirty on the journey, and where are they based ?? ) You have to cancel in writing too.
I'm not happy but feel like we've been stiched up ! Can anyone help please ? Thankyou.