Car hire company won't wait for compensation

Obukit

Hi,

Following on from my car being written off a couple of months ago, we were given a hire car. To cut a long story short, the one time we have anything other than an old banger parked outside some drunken idiot came along and kicked the wing mirror off, causing £271.50 worth of damage (having been convicted of the same thing last November).

Thankfully, being hyper-cautious about having a new car I heard the shouting and saw it happen, and sat on the delightful fellow until the police arrives whilst being kicked, spat at and called every name under the sun.

Despite the car hire company being as unhelpful as possible, repeatedly refusing to provide statements to the police, he went to court last month and plead guilty to the criminal damage, and not guilty to assault, which will go to trial on the 4th July.

The problem is the car hire company are now chasing us for the money, citing the hire agreement which makes us ultimately responsible for the car. This is despite the police telling them they are being unreasonable, and that the court will award compensation - but that the compensation can only be paid to the vehicle owner, so if we have paid for it first, tough luck as the hire company are no longer out of pocket.

Is there anything we can do to prevent the car hire company from charging us? I wouldn't mind paying for it if otherwise the car hire company would be out of pocket, but as it is, the person who caused the damage will be forced to pay for it, which seems the just thing. It seems mad they can charge us, effectively a victim of crime, when there are legal ways of forcing the offender to pay!

Oh, and if you are insured with Tesco Car Insurance and they try to offer you a hire car from Albany Assist, or one of their trading names (Helphire, Fleet Services) then refuse, according to Tesco they get loads of complaints about them and will arrange an Enterprise car hire if you ask. I assume they get a massive referral fee which is why they keep using such a rubbish company.

Tilt

Sometimes you have to look at these things as you would if you owned the car that had been damaged. A lot will depend on what excess is in the hire agreement. Unless you insure it yourself, it will be normally around £600 which the hirer is responsible for in any event. I'm assuming that the hire co have had to pay to have the repairs carried out so who provided the insurance? If you had an excess on your own car under the same circumstances, then you would have to pay for the repairs (up to what ever your excess is) and then wait to be paid out from the court's decision. Problem is, what if matey has no income or funds? How can he be forced to pay then? Your 'compensation' may come through in drips and drabs.

The most amicable arrangement would be for you to make an agreement with the hire co that you pay for the repairs and then when they get paid compensation (if they do), they will then refund your money.

Sorry but the hire co are an innocent part in this so I don't think they are being unreasonable.

TrickyWicky

Well if they're too stubborn to even deal with the police then they're always welcome to claim from their own insurers right?

Sounds to me like they're holding out to make a double whammy for the repair costs. They've no right to it. They're also trying not to drop themselves in it with their own insurers / affecting their own premiums. If they're really that bothered tell them to contact their insurers and you'll deal with them etc. I reckon they'll shut up and leave you alone.

plane_boy2000

Hire car will have an excess which will be more than the cost of a new mirror. Under the terms of the hire you are responsible - they have no control over you parking your car in an iffy area and it being vandalised.

I guess they have your credit card details so will just charge the costs anyway, but I would suggest that you get agreement from them that if you pay and are then awarded compensation that they refund you.

Also wouldn't be surprised if the drunk prat hadn't just blown his giro cheque so will claim he can only afford £1 a month and get away with it