drive assist...any good endings?!

balancelife

Hi,

Brief details- we called our insurers after a no fault accident (hit from the rear at standstill). Insurer referred it to drive assist saying it was routine. The car went off to be repaired and we had a courtesy car which we assumed was the temporary replacement car we pay for on our insurance. When the car arrived we were asked to sign a pda to say we received it. 5 days later car was repaired and we thought nothing of it until the following year when our insurance was high. Our insurer said they hadn't closed the case but would and sent is a letter sayingit was closed no fault.

Jump two years and we get a letter from drive assist saying they hadn't recovered the hire charges of the car or repairs and that they need to instruct solicitors on our behalf.

Looked up drive assist and found plenty of similar stories showing the same problem. Understand now that it appears it was a hire car and hire repair.

We were contacted by a solicitor last week and they played the whole thing down softly softly but now we have a letter we are being asked to sign which says we had the "hire car" as we couldn't afford to pay rental. Thought it was a replacement car. Also lots in about ensuring we co operated with terms of a contract we can't recall.

Can't sign it as it is and so will try and write and amend. Had another look around for any outcomes people had, but often people don't post outcomes

I want any tips on how to approach this to get my points across, any info on any one who has had the same happen and whether I'm going to end up with a large bill if they can't reclaim their costs. Also whether to go back to my insurers of the time and what to say to them. So much to look into- obviously looks like I signed something on a pda that wasn't what I thought-lesson learnt there but am now so worried about doing the wrong thing from here on in. Please, any help or experiences would be wonderful.

Quentin

If you won't sign to say you needed a credit hire car them you may well end up having to pay for it.

Next time you are the innocent third party then first see if the third party insurer will deal directly with you over repairs and replacement car. If they will you will have no hassle like this to deal with.

daveyjp

Drive Assist are a nightmare. Best decision we ever made was to say no to them trying to assist us. Ask them for all signed paperwork and see what you were responsible for when you took delivery of the car.

Check the daily rate for the hire car through DA, then call a few hire companies and see what it would cost to hire the same car. If DA is a lot more ask them why when it is the duty of an insurance claim to mitigate the losses.

Quentin

They are a lot more than standard pay up front car hire! That's partly because they have to wait a long time to get paid.

But their charges are agreed and as long as credit hire was the only option to the driver and they do charge the agreed scale then they eventually will get their money.

Aristotle67

I was involved in an accident this week which was not my fault. My Insurance is fully comprehensive and was taken out with RAC which is underwritten by Aviva. I followed procedure and reported the matter using the RAC's number. That is when Drive Assist became involved. I had not heard of this company until then, but now, having read about them on this and other forums, I am glad I avoided using them.

Drive Assist turned up yesterday with a brand new hire car for me. I told them I didn't want it, refused to sign their electronic gadget, and sent them away. A tow truck turned up to collect my damaged vehicle and tow it to the garage who would carry out repairs. I explained this was unnecessary and that as the car was perfectly drivable I would drive it to the garage (about 30 miles away). According to the tow truck driver that was not acceptable to Drive Assist, so I sent him away too.

Posts on here and elsewhere explain how Drive Assist get you to sign to say you are responsible for damage to their vehicles and then bill you for damage which, in all probability, you have not caused. Many people may not realise that when signing up with them they are signing a hire car agreement (this is not the same as obtaining a courtesy car from the repairers). For me, the most disturbing aspect of using Drive Assist would be that they are not mitigating the loss of the insured party.

There is a common law duty in such cases to mitigate your loss. Hiring a brand new car as a replacement is not mitigating the loss. Hiring a car for longer than is necessary is not mitigating the loss. All that was required in this situation was for the damage to be assessed by the garage, a date agreed for the repairs to be carried out, and for the garage to do the work. If necessary, I would accept a courtesy car from the garage whilst they did the work. But it isn't necessary to have a replacement car whilst they order the parts and wait until they have time to carry out the repairs; not when my car is drivable (something which RAC and Drive Assist were aware of).

If I was the other party or the other party's insurers I would dispute the charges for Drive Assist's services on the basis of non-mitigation of loss. Then, Drive Assist would have to go after the insured to try and recover from them, or perhaps through the insured's insurers. Anyone who is insured with a company that uses Drive Assist should proceed with great caution as otherwise they may find themselves faced with charges which come as a compete shock to them.

This matter is now being dealt with by the third party's insurers who have arranged repairs at a garage in the near future and where a courtesy car can be provided if I require it. Drive Assist are no longer involved and if they try and impose any charges on me then they will wish they hadn't.

My advice to anyone who may have to deal with Drive Assist is...don't. And if you are insured with a company that uses Drive Assist, you may wish to consider going elsewhere for your insurance.

balancelife

Thanks for the posts everyone. We were never accessed of damaging the "courtesy" car which is good. It was not brand new and was the same as the car we had. I can't sign to say I had it as hire due to not being able to afford it as that's not true. I had it because I thought it was,naive or not, a temporary replacement car that I pay for in my insurance. I wouldn't pay for a hire car as I was the one inconvenienced and the car was an appropriate size for what we needed. I would argue I needed the car. It came the same day ours went for repair having previously been assessed. After repair we exchanged cars again.

Obviously I know more now but that was the genuine situation, and I thought nothing of using drive assist. But... I did use them and now I need to hope they recover their money. I don't know why the other insurer's haven't paid after 2 years, I don't know what's happened in that time. I thought it was all over and sorted. Our insurers wrote and said it was settled.

I responded to the solicitor explaining I wad never given any paperwork, never signed anything except delivery on pda, and can't say I have agreed to any contract as I don't have one. However I will gy assistance that might be useful in them recovering money and told there to alter the reasons they think I had the car.

I just wished there were examples of how this ends, will I go to court, and am I going to have to pay the car charges and repair charges? But I can't find any final parts of the story!

Thanks again

Quentin

if it gets to court you may well have to attend - mainly to explain why credit hire was necessary.

Hopefully the two sides will reach a deal before it gets to a hearing.

Encrypted_2

Hmm - I feel compelled to say something so have joined this forum.

I've got a Drive Assist Vehicle sitting at home right now waiting to be given back very soon. They sent me a forged credit hire agreement with a signature on it that they superimposed from a hand held device I signed when I took delivery (I signed the PDA to say I had taken delivery but no mention of a credit hire agreement at the time, third party insurance arranged it).

Anyway, they have also sent a "Vehicle Condition Report Delivery" page which shows on it scratches etc marked on a diagram of the vehicle. 2 of the marks DONT EXIST ON THE VEHICLE AT ALL which means the previous user is probably being set up to be scammed with their infamous false damage claims.

I'm going to take pictures with a witness before I give it back just in case they try to pull a fast one on me. Reading the forums has seriously got me concerned about the practices of Drive Assist. I might be next !