Can one refuse credit hire company courtesy car?

born_again

MarcoM said:

my situation is slightly different as mine was a hit and run accident so the car that hit me was insured but I don't know if the driver was....so if they cannot trace the driver who would they claim the third party costs?

The car that hit you, insurance pay the 3rd party. It does not matter who is driving. They have the 3rd party responsibility.

DullGreyGuy

MarcoM said:

DullGreyGuy said:

EssexExile said:

For us LV= sorted it themselves through Enterprise. May be worth asking if they will do this for you, explaining your misgivings about credit hire companies. We found LV= to be very accommodating, although we had a difference of opinion about what "similar size hire car" meant.

Enterprise do credit hire too and so the fact it went to Enterprise doesn't automatically mean it wasn't credit hire.

MarcoM said:

My understanding is the opposite to yours. 
I've read that the agreement is between the driver and the credit hire company and if the third party disputes the claim or its cost, the credit hire can come after me.
I could be wrong. 

You obviously have to read your particular agreement but these days it normally says that as long as you continue to support their recovery efforts that your liability is capped at what the TP is liable for. Ergo you have no liability because the TP insurer pays what the TP is liable for and so discharges your liability. 

They used to be clearer saying it wont cost you anything but then they started losing court cases on the legal technicality that if it costs you nothing you haven't made a loss and so there is no claim from the third party

my situation is slightly different as mine was a hit and run accident so the car that hit me was insured but I don't know if the driver was....so if they cannot trace the driver who would they claim the third party costs?

Has the driver been identified? 

If they have then it doesn't matter, the insurer of the vehicle will be the RTA Insurer. If they aren't identified you are then into the MIB Untraced Driver Agreement space which the credit hire company could claim against

MarcoM

ok thanks.
This company are not great as they are not willing to give me written TCs regarding the credit hire. they only read these verbally on the phone.

For example they have not asked me if I can afford my own hire car, upon reading online mitigation seems to be an issue if it gets to court. I could probably afford to hire for a week but not for three months...