Car hire after non fault accident ......HELP !!!!!

elsien

If it's anything like what happened with me; non fault claim. 
I contact Lloyds bank who I believe are my insurer because their name is all over my paperwork, who tell me someone will call me back. They do, I presume it is my insurer but it isn't, it's the third party claims handler.  At some point in the conversation I do eventually clock that they are not acting on behalf of my underwriter and cut the call short while I speak to my insurer directly and get more information about what the third party thing means in practice.
I can completely see how the OP misunderstood the situation; if you call the group you believe you are insured with and someone calls you back to sort it, it's not unreasonable to think that they are your insurer and not someone else entirely. 

Sandtree

biscuit1_2 said:

 I would never, ever have agreed £100 a day rental, and never would have allowed it to carry on for almost 2 months had i been aware i was paying, !!!!!! no 

In part then a lesson about reading what you sign!

But you are not paying, unless you don't cooperate. I'll get ripped up by those that know law better than me but in very basic terms...

You had an accident, it wasnt your fault, that gave you a legal right to get your losses back from the other party. Laws exist that say if your insurance company pays your loss for you then they inherit your right to claim from the third party. Similar laws don't exist for credit hire.

The contingent liability is a legal fudge to make the loss yours, similarly the statement that you knew about this, as such it then can be claimed from the third party but as you note its a little bit circular as the value of the loss isnt the whole invoice but only what they can get from the third party.  In theory without this the hire car was basically a gift and so no right to recover from the third party as you'd never have to put your hand in your pocket to pay for it and yet if you cooperate and they fail to make a recovery you still dont have to pay for it... circular as I say.

As already mentioned, credit hire keeps going back to court and being challenged on various different aspects... is it your debt or a gift, do you have to be aware of it or not etc and each time the companies change their processes and forms etc to try and improve their footing to get their monies.

lisyloo

biscuit1_2 said:

are you being asked to cooperate for example to agree to a case being taken out in your name and go to court if necessary with the threat of charges if you don’t? SPOT ON 

I’d say agree to cooperate (on the basis you signed up to do that and they could give you grief if you don’t).
the chances of it going to court and you actually having to take time off work are slim, they will try it on but they know their exorbitant charges would be thrown out of court so it’s unlikely it would get that far.
its hard to believe this is allowed to go on.

biscuit1_2

A big thanks for all the comments and help, i will be going along with it as it does seem to be the best line, Many many thanks