Credit hire - reasonable duration

howticklediam

Hi,
We've been hit by another car, we are non-fault, our car will be written off as it old and quite smashed up at the front (Ford Galaxy).
We were provided a hire car by Auxillis the next day and now, four days later, the 3rd party's insurer are offering us an equivalent car at a cheaper rate and in a thinly veiled threat saying we should take their offer or they might get a bit sticky when it comes to paying out (although I don't think they have a case as we are taking a smaller car from Auxillis so have already mitigated in that respect).
The 3rd party say their replacement car will be provided until we have received a cheque for the total loss. I'm not sure when Auxillis want their car back but it is our intention to keep it for as long as it reasonably takes to buy a full size MPV in our price range which is not as easy as it sounds. Good, low-mileage ones are rare.
My question is: is it reasonable to expect to keep a replacement hire car for a week or two (or even three) following receiving payment for our loss so that we can find an acceptable replacement?
Many thanks.

bazzyb

A reasonable hire period wouls be from the date of accident to the point at which the settlement payment is received.

If you want a car after you have received your settlement payment then this should be arranged at your own expense.

weeowens

howticklediam wrote: »

Hi,
We've been hit by another car, we are non-fault, our car will be written off as it old and quite smashed up at the front (Ford Galaxy).
We were provided a hire car by Auxillis the next day and now, four days later, the 3rd party's insurer are offering us an equivalent car at a cheaper rate and in a thinly veiled threat saying we should take their offer or they might get a bit sticky when it comes to paying out (although I don't think they have a case as we are taking a smaller car from Auxillis so have already mitigated in that respect).
The 3rd party say their replacement car will be provided until we have received a cheque for the total loss. I'm not sure when Auxillis want their car back but it is our intention to keep it for as long as it reasonably takes to buy a full size MPV in our price range which is not as easy as it sounds. Good, low-mileage ones are rare.
My question is: is it reasonable to expect to have a replacement car for a week or two (or even three) following receiving payment for our loss so that we can find an acceptable replacement?


Many thanks.

Size may not be the issue as Auxallis may be charging quite a bit more than the 3rd party insurer can get it sorted for.

eg: https://www.theguardian.com/money/2016/mar/28/car-insurance-and-credit-hire-agencies

howticklediam

bazzyb wrote: »

A reasonable hire period wouls be from the date of accident to the point at which the settlement payment is received.

If you want a car after you have received your settlement payment then this should be arranged at your own expense.

But then can the hire charge still be claimed as an uninsured loss because we need the car to get around to look for a replacement?

howticklediam

weeowens wrote: »

Size may not be the issue as Auxallis may be charging quite a bit more than the 3rd party insurer can get it sorted for.

eg: https://www.theguardian.com/money/2016/mar/28/car-insurance-and-credit-hire-agencies

Point taken, we have mitigated wrt equivalence, but not necessarily cost.

weeowens

howticklediam wrote: »

But then can the hire charge still be claimed as an uninsured loss because we need the car to get around to look for a replacement?

My advice would be to take the 3rd parties car and ask for a bit of extra time to sort a car.
Keeping a possibly overpriced credit hire car once you have asettlement cheque seems a route to problems.

howticklediam

weeowens wrote: »

My advice would be to take the 3rd parties car and ask for a bit of extra time to sort a car.
Keeping a possibly overpriced credit hire car once you have asettlement cheque seems a route to problems.

I was thinking that myself, I don't want to end up in court, but if I ask for a bit of extra time and they say no, then they are not being very reasonable (in my view at least) so it would be harder for them to say in court I didn't try to mitigate or reach a reasonable compromise.

weeowens

howticklediam wrote: »

I was thinking that myself, I don't want to end up in court, but if I ask for a bit of extra time and they say no, then they are not being very reasonable (in my view at least) so it would be harder for them to say in court I didn't try to mitigate or reach a reasonable compromise.

Better that than a massive credit hire bill landing with you.

System

howticklediam wrote: »

My question is: is it reasonable to expect to keep a replacement hire car for a week or two (or even three) following receiving payment for our loss so that we can find an acceptable replacement?
Many thanks.

In law you have a responsibility to mitigate your losses. You should be already looking, it would be expected that you take the insurer's offer of a hire car over Auxalis who charge overinflated prices.

dacouch

You might want to Google Auxillis and their previous name Albany assistance before you turn the other Insurers offer

bazzyb

howticklediam wrote: »

But then can the hire charge still be claimed as an uninsured loss because we need the car to get around to look for a replacement?

No, hence "at your own expense".

It's hardly the third party's fault that you wait for the settlement cheque before you even start looking for a car. If you think the car will likely be written off then why haven't you already started looking for one?