Albany assist

Derfal

Having a few issues, so wish I’d checked out the forum before signing up however!!!

Firstly i was hit a few weeks back, other driver admitted liability. My insurance company (admiral) put me in touch with Albany who said they'd take care of everything and organised a hire car. Admiral at this time were telling me they were going to write my car off (against my wishes). I do need one every other week I work away (public transport isn't an option). A couple of days after the third party's insurers offer an alternative idea they will pay out for my repairs and not write it off) They want me to return the hire car as soon as possible, I’m happy to do that because my car is useable and now legal again (Just the odd dent). I contact Albany who arrange for the car to be picked up. All sorted thinks me, oh no says Albany!! They believe they will struggle to reclaim the money for the hire car from the third party because I don’t need a car, the only reason I don’t need a car now is because my car is now being repaired and not written off.
I know I've probably made some fundamental gaffs however any ideas on a way forward???

daveyjp

Tell them you have mitigated your losses and reduced the level of claim. Check your Albany hire car paperwork. Are you in any way liable if they can't claim the costs back?

AlexMac

I had nothing but good experiences with Admiral on 2 recent claims (a theft and a minor impact by a 3rd party- unwitnessed so regrettably determined as joint fault) and with Albany who provided the car. I'd go back to Admiral- easy to ring and/or email and try to get them on your side (I found that one person I dealt with there was hostile and unhelpful, but every one else was great), and check specifically whether your legal protection cover (if you have it) will help you get any uninsured or consequential loss back. I've heard about the care hire scam by other accident management companies, but am surprised if Admiral are part of this. Not terribly helpful advice, I know, but sympathies. When you feel in the right (as I did over my bump), the sense of injustice is worse than the bill, but you just roll with the blows and move on!

neilmcl

Derfal wrote: »

Having a few issues, so wish I’d checked out the forum before signing up however!!!

Firstly i was hit a few weeks back, other driver admitted liability. My insurance company (admiral) put me in touch with Albany who said they'd take care of everything and organised a hire car. Admiral at this time were telling me they were going to write my car off (against my wishes). I do need one every other week I work away (public transport isn't an option). A couple of days after the third party's insurers offer an alternative idea they will pay out for my repairs and not write it off) They want me to return the hire car as soon as possible, I’m happy to do that because my car is useable and now legal again (Just the odd dent). I contact Albany who arrange for the car to be picked up. All sorted thinks me, oh no says Albany!! They believe they will struggle to reclaim the money for the hire car from the third party because I don’t need a car, the only reason I don’t need a car now is because my car is now being repaired and not written off.
I know I've probably made some fundamental gaffs however any ideas on a way forward???

The first they ask, prior to arranging car-hire is whether your own car was driveable or not, was it? If yes, regardless of whether it may be a write off or not, you haven't exactly mitigated your losses by taking the hire car and therefore may be liable for the costs.

If it wasn't driveable both then and now during the repair then tell Albany this.

InsideInsurance

It actually depends exactly what the timeline was.... could be it was drivable, the car was taken to the approved repairer and the hire car given at that point. Admiral inspect the vehicle and declare it a t/l and so OP retains the vehicle whilst the t/l is completed.

It would not be standard practice to return a vehicle thats about to be written off back to the owner for the few days the t/l process takes to then recover the vehicle again and given them another hire car for their entitlement post t/l whilst the funds clear etc.

Evidently you need to check what you signed up to with Albany in terms of repayment should they be unable to recover their outlay

ashleypride

neilmcl wrote: »

The first they ask, prior to arranging car-hire is whether your own car was driveable or not, was it? If yes, regardless of whether it may be a write off or not, you haven't exactly mitigated your losses by taking the hire car and therefore may be liable for the costs.

That's the first thing they *should* ask, followed by do you have enough money in the bank to avoid credit hire. In my experience with them, they do neither.

EdGasket

I found Albany Assistance as useful as a chocolate teapot in a 'no fault' claim. had to do everything myself including threatening legal action against the TP. Albany just sat on their backside!
I don't see why you should have to worry about Albany 'struggling' to recover hire costs. They were dealing with it, they provided your car, their problem. However you may have to be very tough with them as if the hire car was overpriced, the TP insurance will not want to pay all or any of it leaving Albany with a loss they will try to pass onto you. Unfortunately the small print of these hire agreements says that you will in effect pay if they can't reclaim. However if you threaten them with a small claims court action, Albany might back off; you'd have to claim that you followed their advice and couldn't be expected to read all the small print of an unfair agreement; might work.
How much are we talking about here?

InsideInsurance

EdGasket wrote: »

However if you threaten them with a small claims court action

On what grounds could you threaten court action against Albany?

BertTheRaccoon

Credit hire companies going after customers for the shortfall they incur when the full credit hire rates are not recoverable because the customer is not of limited financial means, is unlikely to happen.

Credit hire companies operate in a risk environment and they have to roll with the punches when a customer is found to have loads of savings in their bank account, which gives rise to the hire company being unable to recover their full rates from the insurer of the party at fault.

The only time a credit hire co should pursue a customer is if the customer has either deliberately mislead the hire co as to the accident circs, their "need" for a replacement car or any other false declarations that prejudice the position of the hire company. If you fail to co-operate with them and this prevents them from recovering their charges from the other side, again you face getting hosed down for the charges.

On any consumer credit agreement signed away from the place of business of the hire company (so every claim as they hire co always deliver to your place of work or home) you get a 14 day cancellation right. So you can cancel the car within 14 days by phoning them and also sending back the cancellation notice which should form part of the rental agreement you sign.

The only time the cancellation clause is not effective is in the event you are not deemed to be a "consumer" within the definitions of the act. Such as a limited company signing for a credit hire car or if the vehicle you are hiring is used within your trade or profession (taxi driver, driving instructor etc)

EdGasket

InsideInsurance wrote: »

On what grounds could you threaten court action against Albany?

Read the post, I said "you'd have to claim that you followed their advice and couldn't be expected to read all the small print of an unfair agreement; might work."
Often with small claims they favour the claimant in these situations if they consider the institution has mislead the claimant or hidden the detail in excessive small print. The claim would have to be along the lines of "I am not liable for hire charges because I was insured, my insurance entitled me to a hire car while mine was off the road; 1 was under instruction from Albany; Albany told me my car was a write-off; Albany arranged the hire car".
I am thinking Albany would probably back down rather than defend that case for the sake of a few hundred quid.

InsideInsurance

The point is you cannot file a claim as a defendant

The OP has nothing to claim against Albany and so cannot be a claimant in any action. You would have to sit back and wait for Albany to file against you and then submit your defence in line with what you say.

We are getting even worse than the USA with "sue them for that" type attitude but without the education of when you can actually litigate.