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Credit hire agreement insurance withdrawn

2

Comments

  • Kattekwaad
    Kattekwaad Posts: 303 Forumite
    100 Posts Name Dropper
    I had an accident 2.5 years ago in similar circumstances now which I remember vividly as if it was yesterday and felt I was not wholly at fault (but I had to accept I was at fault legally) and I remember it like it was yesterday.   


  • KimJongUn88
    KimJongUn88 Posts: 424 Forumite
    100 Posts Second Anniversary Name Dropper
    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.
    If you can't remember the accident circumstances, how could yo ever have defended yourself and provided witness evidence at a Court hearing which can occur anytime up to 3 or 4 years after the accident?
  • lopsyfa
    lopsyfa Posts: 474 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    ebaimoon said:
    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.



    How do you crept to join a road and still be 100% blameless? Thank God for the third party's dashcam. Feels more like karma for not telling the truth. If everyone tell the truth after accidents, settling insurance will be cheaper and there will be less need to have dash cams installed and liability dispute will be less common and only in genuine 50:50 cases.


  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    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.
    If you can't remember the accident circumstances, how could yo ever have defended yourself and provided witness evidence at a Court hearing which can occur anytime up to 3 or 4 years after the accident?
    Why 4 years? It's 3 for an injury and 6 for damage. 
  • KimJongUn88
    KimJongUn88 Posts: 424 Forumite
    100 Posts Second Anniversary Name Dropper
    452 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.
    If you can't remember the accident circumstances, how could yo ever have defended yourself and provided witness evidence at a Court hearing which can occur anytime up to 3 or 4 years after the accident?
    Why 4 years? It's 3 for an injury and 6 for damage. 
    I was working from a standard PI claim.  They can issue by 3 years but that doesn't mean the trial will be listed immediately. You've got AofS then Defence by which time a month has passed.  Then directions, disclosure, inspection, exchange of witness evidence etc, etc, etc which will take up around another year from date of issue.
  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    452 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.
    If you can't remember the accident circumstances, how could yo ever have defended yourself and provided witness evidence at a Court hearing which can occur anytime up to 3 or 4 years after the accident?
    Why 4 years? It's 3 for an injury and 6 for damage. 
    I was working from a standard PI claim.  They can issue by 3 years but that doesn't mean the trial will be listed immediately. You've got AofS then Defence by which time a month has passed.  Then directions, disclosure, inspection, exchange of witness evidence etc, etc, etc which will take up around another year from date of issue.
    Let's not forget the under 18s while you're on.
  • KimJongUn88
    KimJongUn88 Posts: 424 Forumite
    100 Posts Second Anniversary Name Dropper
    452 said:
    452 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.
    If you can't remember the accident circumstances, how could yo ever have defended yourself and provided witness evidence at a Court hearing which can occur anytime up to 3 or 4 years after the accident?
    Why 4 years? It's 3 for an injury and 6 for damage. 
    I was working from a standard PI claim.  They can issue by 3 years but that doesn't mean the trial will be listed immediately. You've got AofS then Defence by which time a month has passed.  Then directions, disclosure, inspection, exchange of witness evidence etc, etc, etc which will take up around another year from date of issue.
    Let's not forget the under 18s while you're on.
    The longest a claim by someone under 18 will be delayed by is going to be a year isn't it. Nobody under 17 will be driving a car and get involved in a liability fight at Court.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    452 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.
    If you can't remember the accident circumstances, how could yo ever have defended yourself and provided witness evidence at a Court hearing which can occur anytime up to 3 or 4 years after the accident?
    Why 4 years? It's 3 for an injury and 6 for damage. 
    I was working from a standard PI claim.  They can issue by 3 years but that doesn't mean the trial will be listed immediately. You've got AofS then Defence by which time a month has passed.  Then directions, disclosure, inspection, exchange of witness evidence etc, etc, etc which will take up around another year from date of issue.
    Any kind of civil claim can take many years once legal action has been instigated.  Both parties now need to take all steps they can to avoid actually going to court, including using mediation.  Any party not open to this can have some or all of the costs awarded against them even if they win damages, so it can be many many months until eventual settlement,
  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    452 said:
    452 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.
    If you can't remember the accident circumstances, how could yo ever have defended yourself and provided witness evidence at a Court hearing which can occur anytime up to 3 or 4 years after the accident?
    Why 4 years? It's 3 for an injury and 6 for damage. 
    I was working from a standard PI claim.  They can issue by 3 years but that doesn't mean the trial will be listed immediately. You've got AofS then Defence by which time a month has passed.  Then directions, disclosure, inspection, exchange of witness evidence etc, etc, etc which will take up around another year from date of issue.
    Let's not forget the under 18s while you're on.
    The longest a claim by someone under 18 will be delayed by is going to be a year isn't it. Nobody under 17 will be driving a car and get involved in a liability fight at Court.
    Wrong on all accounts.

    The youngest is 16 to drive on a road. Given you have six year to claim for damage and three years for injury from your 18th birthday I'll let you do the maths. I would say that's a good 13 years  for an 8 year old. 
  • KimJongUn88
    KimJongUn88 Posts: 424 Forumite
    100 Posts Second Anniversary Name Dropper
    8 year old?
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