Car Hire Excess Paid - now they want more

dunedin89

Hi

I was involved in a car accident in 2020 using a hire car. The accident was not my fault and I suffered significant injury requiring surgery. 

I paid the car hire company the excess for the damage soon after the accident. 

And I've been perusing a personal injury claim because of the injuries sustained. 

The opponents insurer reimbursed me for the car hire damage and the personal injury claim is still on going.

Now the car hire company has today contacted me to say they want more money. They've said they're unable to claim their losses from their insurer because of my personal injury claim. And are demanding that I pay it. Without naming them the car hire company is one of these cheap ones in the UK. 

 
Am I liabile to pay this additional cost despite paying the excess?

user1977

Presumably it's for the other party to pay (and argue about whether or not it's payable), not you?

Sandtree

Speak to your solicitor, that's what you are paying them for

Aylesbury_Duck

As above, you have presumably engaged legal assistance, so get them involved with this.

The only thing that struck me was this part of your opening post:

dunedin89 said:

Hi

I was involved in a car accident in 2020 using a hire car. The accident was not my fault and I suffered significant injury requiring surgery. 

I paid the car hire company the excess for the damage soon after the accident. 

And I've been perusing a personal injury claim because of the injuries sustained. 

The opponents insurer reimbursed me for the car hire damage and the personal injury claim is still on going.

Now the car hire company has today contacted me to say they want more money. They've said they're unable to claim their losses from their insurer because of my personal injury claim. And are demanding that I pay it. Without naming them the car hire company is one of these cheap ones in the UK. 

 
Am I liabile to pay this additional cost despite paying the excess?

What exactly did you receive?  That sentence suggests they paid you for the damage, which presumably was a sum larger than the excess?  If that's correct, then you have profited from the payout.  I would have thought that the other party's insurer should have paid the hire car company for the damage to the car, at which point you should have had your excess refunded.

dunedin89

I've not been paid anything for the damage. 

I was reimbursed in full only the excess I paid to car hire company soon after the accident. I received the reimbursement through my solicitor. 

I'm asking on here because my solicitor is on annual leave returning next week. The person on the phone was quite threatening and is demanding payment immediately. 

Aylesbury_Duck

dunedin89 said:

I've not been paid anything for the damage. 

I was reimbursed in full only the excess I paid to car hire company soon after the accident. I received the reimbursement through my solicitor. 

I'm asking on here because my solicitor is on annual leave returning next week. The person on the phone was quite threatening and is demanding payment immediately. 

I see.  In which case, if they call again, refer them to your solicitor and advise them that they should stop contacting you and only deal with you through your solicitor.

Sandtree

The hire company should be able to claim directly from the third party insurers and so you'd really need to understand why they've been unable to.

Their idea is that you reimburse them and so it becomes your loss and you reclaim it from the third party as your own from what you are saying. I'd certainly be wanting the solicitors view if there is nothing in your hire agreement about this as it could be seen as a goodwill gesture. 

If you are litigating the case then things may be slightly different. If your case handler is on holiday one of the other fee earners should be able to answer this type of question for you.

dunedin89

Thank you for the advice. I really appreciate it. I'm a bit overwhelmed by all this. 

nyermen

Firstly relax - there is no requirement for you to "immediately pay this", regardless of what they may say.  For any private debt (i say this, just to exclude special cases such as HMRC), they would have to go to court, win, and then you not to pay the judgement within 14 days.  (Sandtree and others, correct me if i'm wrong?) 

And that assumes you're even liable.   Best to wait for your solicitor to return as noted above.

brianposter

Perhaps one should point out that people who work for car hire companies often have no idea about what is right and proper, never mind about legal niceties. As you have a solicitor, simply ask them.