Accident Exchange....help please

BeenThroughItAll

khcomp wrote: »

'Accident Exchange were the ones who called her out of the blue and told her that she was entitled to a hire car. This is from their terms and conditions- "The charges for the hire vehicle are covered by the hire agreement entered into by you with Accident Exchange
Limited and although these charges are your responsibility, we will recover these charges on your behalf from
the negligent driver(s) or their insurer(s).
For your protection and also for your added peace of mind, we have arranged a complimentary insurance policy
on your behalf. This policy is underwritten by AMTrust Europe Limited and, subject to the terms and conditions
of the policy, it protects you from having to pay the hire charges incurred under the hire agreement in the event
that they are not recovered from the negligent driver(s) or their insurer(s). It also provides cover for legal costs
and expenses which may be incurred in the event that formal legal proceedings need to be taken on your behalf
to pursue your claim should the other driver not accept liability or seek to dispute your claim at a later stage".'

I haven't misunderstood anything:
AE didn't contact 'out of the blue' - when you start a claim, your insurer, with your verbal agreement, will have contacted them, who in turn contact the claimant.

The contract seems very clear;
'Limited and although these charges are your responsibility, we will recover these charges on your behalf from
the negligent driver(s) or their insurer(s).'
So although you're incurring charges for the hire, AE will get the money from the other party or their insurance company.
'For your protection and also for your added peace of mind, we have arranged a complimentary insurance policy
on your behalf. This policy is underwritten by AMTrust Europe Limited and, subject to the terms and conditions
of the policy, it protects you from having to pay the hire charges incurred under the hire agreement in the event
that they are not recovered from the negligent driver(s) or their insurer(s). It also provides cover for legal costs'
So if the other driver, or their insurer can't, or won't pay, there is an insurance policy in force covering the hire costs and any subsequent legal expenses thereby incurred.

In this case, the OP should write to the solicitors who are chasing the money, enclosing a copy of their contract and the promised letter confirming no liability, and saying that they should refer themselves back to AE, who are clearly not chasing this money from the OP. Forward a copy of the solicitor's letter to AE too.

All seems a bit daft, as the solicitor is alledgedly collecting on behalf of a company that has already told them that they owe nothing!

Just an aside, here, but your posts like that would be a hell of a lot easier to read if you learned how to use the 'quote' tags.

khcomp

BeenThroughItAll wrote: »

Just an aside, here, but your posts like that would be a hell of a lot easier to read if you learned how to use the 'quote' tags.

Sorry, it was a bit long winded, but I wanted to address specific points in the Ts & Cs provided.

BeenThroughItAll

khcomp wrote: »

Sorry, it was a bit long winded, but I wanted to address specific points in the Ts & Cs provided.

I realise that, but it'd just be a lot easier to read if you'd break it up using proper quotes, rather than a big wall of text.

Just wrap the elements in QUOTE tags and it'll make everything much nicer for people reading.

dannyrst

Surely there is no issue with the wording of the T&C's, as long as the OP assists when requested by AE or the insurance company mentioned in AE's T&C's.

Answer all their questions truthfully and fully and there can be no come back on you, especially given you will have a letter stating that.

dacouch

arcon5 wrote: »

But that's not what the terms above state?

The OP has quoted only part of the T&Cs, they've omitted to include the part that in effect states "Subject to you assisting us with the recovery"