Enterprise Courtesy Car - Advice Needed

Quentin

It may not get to court - sometimes issuing the court concentrates the mind of the defendant, and a settlement is reached prior to the extra expense of a court hearing.

gbartlett1980

The taxi driver who hit me has disappeared, they have been unable to contact him! Would this cause a problem when it gets to court?

InsideInsurance

What is in dispute? The liability or the hire/ cost of hire itself?

If he has insurance and liability is in dispute then his non-attendence will do nothing but assist you as the judge will not look favourably on a no show.

If he has insurance and the hire is the issue then it makes no difference as the argument is with his insurers over quantum, if you needed the car, if the right car was given for the right dates etc

If he has no insurance then this is where problems start

Immers7

If liability is admitted, it will be reasonableness of the claim for credit hire that will be in dispute i.e. the level of charges

The theoretically you are only entitled to recover credit hire charges if you were unable to pay for hire on a private basis from high street company. Expect a request for copy bank statements from around the time of the hire if the matter isnt resolved.

On top of that you have arguments about how long the hire went on for and whether you needed to hire the same and finally the type of vehicle hired.

If liability isnt in dispute, it doesn't make any difference that the taxi driver is no longer available. He wouldn't have to attend Court anyway.

gbartlett1980

The taxi driver insurers have admitted liability and I've had my excess returned. The problem is that his insurance company have refused to pay my insurers (LV) and on top of that the rental company are chasing them for money too! They both need my help in recovering their losses from the accident, hence legal proceedings.

I don't know why they are refusing to pay, maybe the repair costs?

I guess I should just let the solicitors do their thing? I do have legal protection which is a big relief!

oscarward

Don't worry

I had something similar, the other insurers disputed the hire charge so the accident management company started legal proceedings.

It was all settled a week or so before the case, I was told they haggled about £200 off the bill.

Scott Rees the solicitors? They seem to do a lot of this sort of work.