Car Hire Dispute / Likely Outcome

Blastiel

Hi,

Hope someone can help as I need to put my partners mind at ease.

In 2011 someone drive into the back of her car while she was stationary. The driver admitted liability and asked if we could not go through the insurance as she was a young driver and her dad could pay for repairs.

We opted to do a good deed but the back was damaged to the extent where the boot wouldn't close so we took it to a local garage and they said to ring Direct Accident who would take care of it all.

The key element is that the following day we were going on holiday (in the UK) and so needed a car, fast. DA said they would take care of this and contacted the other driver(s) parents who agreed to pay for car hire and gave their payment details.

The car hire is now being disputed and my partner has been asked to go to court, she is now bricking it as she is worried she is going to end up paying out money for the solicitors fees etc.... (its no win no fee).

What is likely to happen in this instance?

My thoughts are if they agreed to it prior there really is no cause for concern. If she loses she pays nothing. If she wins well it should all be recoverable from the other parties insurance?

huckster

If it is no win no fee and there are not unfair terms in the agreement, then I cannot see a problem.

However, did she sign a seperate agreement for the hire car ? Sometimes although the legal bit is NWNF, the hire car is a seperate issue ? If the legal bit fails, you can still be liable for the hire car charges.

These claims accident management companies charge some of the highest car hire fees and the third parties father may have been surprised by the amount involved. Hence the court case. The outcome may be that the third party pays what is reasonable and your partner may have to pay the difference. I can see the third party providing the court with details of hire car costs available elsewhere for similar and the court accepting.

InsideInsurance

Blastiel wrote: »

My thoughts are if they agreed to it prior there really is no cause for concern.

Who agreed to what?

If it is a no win no fee solicitor then there is nothing she is going to have to pay to the solicitor assuming that she is both honest and does what is asked of her.

As to the car hire, that will depend on the terms in the credit agreement she signed. Most write off the cost if they are unable to recover from the other party for whatever reason but a few will look to the hirer to recover the short fall especially if the cause of the dispute is some unreasonable behavior of the hirer - eg keeping the car too long or hiring a better vehicle than necessary etc

Blastiel

InsideInsurance wrote: »

Who agreed to what?

If it is a no win no fee solicitor then there is nothing she is going to have to pay to the solicitor assuming that she is both honest and does what is asked of her.

As to the car hire, that will depend on the terms in the credit agreement she signed. Most write off the cost if they are unable to recover from the other party for whatever reason but a few will look to the hirer to recover the short fall especially if the cause of the dispute is some unreasonable behavior of the hirer - eg keeping the car too long or hiring a better vehicle than necessary etc

The party that drove into the back of her were contacted by Direct Accident as we couldn't afford the cost of a hire car and were going away on Holiday to the Cotswolds the very next day. The party agreed to pay for the hire car and handed over their payment details, had they not we wouldn't have had a hire car.

Hire car was by no means flash, it was a 106 if I recall, only caveat was it needed to be automatic as my partner is disabled. She drives a 2010 Nissan Micra.

Car was only kept as long as needed, the moment hers was repaired we picked it up.

InsideInsurance

TBH, the solicitors etc will deal with the dispute in quantum and if they need any information as to why you needed an auto etc then they will come to you.

The paperwork/ credit agreement you signed with the hire company will state what happens in the case of them being unable to recover their outlay

Blastiel

Thanks for all the replies, much appreciated.