Asked to attend court over no-fault car write-off

Tamino79

Hi, I’m hoping someone can help me with a bit of advice.

in December 2022 my car was hit by another driver outside my house. I was at home at the time so there is no dispute about liability.

I was offered a courtesy car (a hire car rather than a genuine courtesy). Despite being seemingly a very clear cut case, the claim took a very long time to settle approx 3 months). This was through no fault of mine as I always responded promptly to any communication, but mainly due to some sharks called Sopp & Sopp representing Europcar (the driver who totalled my car was herself driving a hire car). 

Now, some 15 months later I receive an email from a firm of solicitors asking if I’d be able to attend court as Sopp & Sopp dispute the car hire charges. The car itself was like for like so I assume the dispute is the length of time it was used for (surely a matter between the two companies and not me?) or my own ability to hire a car. Technically, I suppose I could have wiped out my savings account so as to drive around in a Kia Venga for 3 months if that meets the definition of “afford” but no reasonable person would do that as it would leave you not financially viable.

 Anyway, I was just wondering if anyone has been through similar and tell me if this is a dispute between insurance companies which I’ve been dragged into or whether I personally am going to be asked to cough up?

born_again

You need to pass this on to your insurer at the time. 

DullGreyGuy

Tamino79 said:

Hi, I’m hoping someone can help me with a bit of advice.

in December 2022 my car was hit by another driver outside my house. I was at home at the time so there is no dispute about liability.

I was offered a courtesy car (a hire car rather than a genuine courtesy). Despite being seemingly a very clear cut case, the claim took a very long time to settle approx 3 months). This was through no fault of mine as I always responded promptly to any communication, but mainly due to some sharks called Sopp & Sopp representing Europcar (the driver who totalled my car was herself driving a hire car). 

Now, some 15 months later I receive an email from a firm of solicitors asking if I’d be able to attend court as Sopp & Sopp dispute the car hire charges. The car itself was like for like so I assume the dispute is the length of time it was used for (surely a matter between the two companies and not me?) or my own ability to hire a car. Technically, I suppose I could have wiped out my savings account so as to drive around in a Kia Venga for 3 months if that meets the definition of “afford” but no reasonable person would do that as it would leave you not financially viable.

 Anyway, I was just wondering if anyone has been through similar and tell me if this is a dispute between insurance companies which I’ve been dragged into or whether I personally am going to be asked to cough up?

It happens frequently as credit hire rates are significantly higher than normal hire costs and hence the third party disputes you fulfilled your legal obligation to mitigate your losses. They'll also challenge if the vehicle should have been a total loss rather than repaired potentially. 

90 days at the GTA rate for a 1.6 mini MPV is going to be about £6,150 they are claiming for hire. If they aren't a member of the GTA then it will be more. 

You need to read the terms you signed up to, normally they will state in a convoluted way that your liability is capped to what the third party pays (ie 0 because the third party paid it) as long as you continue to support them throughout and haven't committed fraud etc. 

born_again said:

You need to pass this on to your insurer at the time. 

It is sensible to speak to your insurers to make them aware in case they haven't managed to recover their own outlay but in most cases they won't be interested at all as this is the OP trying to recover their uninsured losses and by definition something uninsured by your insurer isn't of interest to them. 

Jenni_D

Surely it depends on whether it was their own insurer who pushed (?) them down the credit hire courtesy car route? Is it not their own insurer trying to recover the credit hire costs?

(Apologies if I have the wrong end of the stick here).

Tamino79

Jenni_D said:

Surely it depends on whether it was their own insurer who pushed (?) them down the credit hire courtesy car route? Is it not their own insurer trying to recover the credit hire costs?

(Apologies if I have the wrong end of the stick here).

Hi Jenni,

Yes this is correct. Apologies to others if I explained myself poorly. My insurer (at that time) are chasing the other insurer who dispute the hire car cost. I assume the court date will be these two going at each other about why the claim needed to take so long and who is at fault for that. If so, I assume (again) that I’m just stuck in the middle and will be answering some straightforward questions about my circumstances. But the solicitor acting for my old insurer have explained nothing to me. Obviously it’s not their first rodeo but it is mine and I’m anxious about turning up at court unprepared and perhaps on the hook for thousands when I did nothing wrong.

Jenni_D

That clarifies matters. Send the paperwork you've received to your insurer (i.e. your insurer at the time, not your current insurer if different). Your policy will have had wording about having to support them in the event of any court procedures, so just send them the paperwork and see what happens - even if you do have to attend a hearing, all you need to do is answer the specific questions asked; you don't need to freestyle and give a monologue. Anyway your insurer's court rep will guide you.

Tamino79

Jenni_D said:

That clarifies matters. Send the paperwork you've received to your insurer (i.e. your insurer at the time, not your current insurer if different). Your policy will have had wording about having to support them in the event of any court procedures, so just send them the paperwork and see what happens - even if you do have to attend a hearing, all you need to do is answer the specific questions asked; you don't need to freestyle and give a monologue. Anyway your insurer's court rep will guide you.

Thank you. 

And forgiving me for pressing but it’s the bit causing me most anxiety; do you or anyone know whether I’m on the hook for this or am I merely assisting my insurer in their dispute?

DullGreyGuy

Jenni_D said:

Surely it depends on whether it was their own insurer who pushed (?) them down the credit hire courtesy car route? Is it not their own insurer trying to recover the credit hire costs?

(Apologies if I have the wrong end of the stick here).

Insurers would dispute that they push you to credit hire, they will say they sell suggest the services of the company to you but its not part of your policy and purely your choice if you wish to use them or not. 

The insurer will not be involved in recovering the credit hire car charges in normal circumstances. 

Jenni_D said:

That clarifies matters. Send the paperwork you've received to your insurer (i.e. your insurer at the time, not your current insurer if different). Your policy will have had wording about having to support them in the event of any court procedures, so just send them the paperwork and see what happens - even if you do have to attend a hearing, all you need to do is answer the specific questions asked; you don't need to freestyle and give a monologue. Anyway your insurer's court rep will guide you.

Dont send the paperwork to your insurers, it's nothing to do with them... they got some commission for referring you and thats the end of it. Speak to the insurers is sensible but they are almost certainly going to say nothing to do with them if they have already managed to recover their outlay. 

Tamino79 said:

Jenni_D said:

That clarifies matters. Send the paperwork you've received to your insurer (i.e. your insurer at the time, not your current insurer if different). Your policy will have had wording about having to support them in the event of any court procedures, so just send them the paperwork and see what happens - even if you do have to attend a hearing, all you need to do is answer the specific questions asked; you don't need to freestyle and give a monologue. Anyway your insurer's court rep will guide you.

Thank you. 

And forgiving me for pressing but it’s the bit causing me most anxiety; do you or anyone know whether I’m on the hook for this or am I merely assisting my insurer in their dispute?

Answered above, read your own agreement. Normally as long as you continue to support them and didnt commit fraud then any amount they cannot recover is written off. 

Tamino79

Answered above, read your own agreement. Normally as long as you continue to support them and didnt commit fraud then any amount they cannot recover is written off. 

Many thanks

Ej82

Hi
Do you have an update on this situation at all? We're in the same situation with the third party insurer disputing the car hire costs when our car was hit. Husband has a court date. Have seen lots of discussions online advising that it's usually settled before the court date but never seen anyone actually say what happened in the end. Did you end up having to go to court? Thanks

DullGreyGuy

Most dont, some do... really depends on how much the hire was, why it was particularly high and how far apart the parties are on what they consider a reasonable settlement.