Credit hire agreement insurance withdrawn

ebaimoon

Good afternoon, would anyone be so kind as to offer a bit of advice with a credit hire agreement?
I had an accident that I believed was not my fault at a junction and my (cheap) car was written off.
I received a hire car through one of these accident management companies with indemnity insurance. It emerged (many months later) that I wasn't as blameless as I had believed (I crept through a stop sign I hadn't noticed) and so the accident management company have cancelled the indemnity insurance and are coming after me for 4 grand (5 weeks car hire) cos they said I misled them.
Whereas I say I didn't and believed myself to be the innocent party until 3rd party dashcam footage emerged.
Surely that onus of proof is upon them?
Would it be wise to send them a letter stating that I reject their accusation that I misled them?
Many thanks for the time you've taken to read this.

AdrianC

What do the indemnity Ts & Cs say?

If you told them there wasn't a stop sign, or that you did stop at it, then you did mislead them. Inadvertantly, perhaps, if your inattention had led to you not being aware of the sign or lines, but still misled.

ebaimoon

Thanks for your reply, I have checked the T&C's and I might be up a certain creek without a certain instrument. Deep in the T&C's is a sentence "wilfully or negligently prejudices the Third Party Claim" so they will probably argue that I was negligent in failing to notice the stop sign.

Guess I'll have to (justifiably) plead poverty and ask for the 4k to be reduced.

Kattekwaad

Doesn't sound anything like misleading the indemnity insurer sounds more like your deemed to be at fault.  You went through a stop sign that you didn't notice. 

AdrianC

Kattekwaad said:

Doesn't sound anything like misleading the indemnity insurer sounds more like your deemed to be at fault.  You went through a stop sign that you didn't notice. 

I think their PoV is that if the OP had been accurate in their description, the credit-hire wouldn't have taken them on in the first place.

dacouch

ebaimoon said:

Thanks for your reply, I have checked the T&C's and I might be up a certain creek without a certain instrument. Deep in the T&C's is a sentence "wilfully or negligently prejudices the Third Party Claim" so they will probably argue that I was negligent in failing to notice the stop sign.

Guess I'll have to (justifiably) plead poverty and ask for the 4k to be reduced.

Willfully or negligently both have specific legal meanings when in legal documents

dacouch

What description of the accident did you give them?
Generally someone pulling out of a side road would be at fault so it may help us if you tell us what description you gave.

ebaimoon

dacouch said:

What description of the accident did you give them?
Generally someone pulling out of a side road would be at fault so it may help us if you tell us what description you gave.

Alas, the accident was almost 15 months ago, so I can't really remember.

strawb_shortcake

ebaimoon said:

dacouch said:

What description of the accident did you give them?
Generally someone pulling out of a side road would be at fault so it may help us if you tell us what description you gave.

Alas, the accident was almost 15 months ago, so I can't really remember.

How many accidents do you have that you can't remember the specifics of this one? 
Sounds more like you can't remember what story you told them!

ebaimoon

annabanana82 said:

ebaimoon said:

dacouch said:

What description of the accident did you give them?
Generally someone pulling out of a side road would be at fault so it may help us if you tell us what description you gave.

Alas, the accident was almost 15 months ago, so I can't really remember.

How many accidents do you have that you can't remember the specifics of this one? 
Sounds more like you can't remember what story you told them!

Well, aren't you a delight? I was after some advice, not snippy accusations.

strawb_shortcake

ebaimoon said:

annabanana82 said:

ebaimoon said:

dacouch said:

What description of the accident did you give them?
Generally someone pulling out of a side road would be at fault so it may help us if you tell us what description you gave.

Alas, the accident was almost 15 months ago, so I can't really remember.

How many accidents do you have that you can't remember the specifics of this one? 
Sounds more like you can't remember what story you told them!

Well, aren't you a delight? I was after some advice, not snippy accusations.

I'm sorry but it just seems strange that you can't recall how the accident happened from your perspective, surely that's what you told the insurance at the time?