Car Insurance - Without Drive Assist!

Buddug_2 · 18 August 2009 at 12:55PM

Due to my crooked insurer, I was left liable to pay for a hire car I had from Drive Assist last year (the matter is now with the FOS). However the 49 week credit period in the hire agreement expired in May this year, and to date they have not sent me a bill. I don't want to be too optimistic and assume they've just written it off. I wondered if anyone else has been in this position and how long it was before Drive Assist started demanding payment? Does anyone know if there is a statutory deadline after which they can't pursue me for the costs?

dacouch · 18 August 2009 at 1:03PM

Debts can be Statute barred after six year I believe.

With some of the DA hires they sell you an add on where you do not have to pay their bill if they cannot recover from the other Insurer.

Have a read of this entire thread which also contains some links to other forums with posts from other people who have had dealings with DA, you may find some helpful information

SharkMan · 20 August 2009 at 10:34PM

My girlfriend is in a position where it sounds like DriveAssist are about to claim £1,000 off her. She had an accident late last year and it was 100% the other drivers fault. He was a delivery man and it took the insurer 6 months to get that company to pay up for the written off car. My girlfriend was very badly shaken by the accident and left with pain and scars. She is also sadly in debt to the tune of £3,000 plus in her overdraft. So when the insurer offered this Drive Assist company to provide a car that seemed great as otherwise she would have had to pay lots in travel expenses and so forth. Of course if she HAD gone without the car she could have put those expenses through on the personal injury claim. She had the car (a basic vauxhall) for a few weeks as she had no car and was waiting for the insurer to pay out so she get a new one.

Anyway moving on the Drive Assist people explained to me on the phone that the third party would be charged for the car and that as long as my girlfriend was telling the truth about the accident and the third party were liable, there was no issue getting the money off them. So we went with this as she was telling the truth and the third party were liable (and have admitted as much in paying the car write off).

So roll on months and months. Thought it was all over. Oh no. Drive assist get in touch stating they have not had any luck in claiming back the £1,000 from the third party and she could be liable. They have asked her to sign a form and send it back that reads "I understand I was liable for the costs and sign here" basically, OR the case will go to court!!! They say in the letter "by signing this we may still be able to claim the fees back from the third party!". Do they think we are stupid?!?!

What the hell? If she gets stun with this bill her money trouble will be too deep. She would never have taken the hire vehicle if they hadn't have persuaded us on the phone that our case was foolproof.

I have sent the doc to a solicitor already dealing with her personal injury claim for the whiplash and scars and loss of earnings, but does anyone know where we stand? And if the third party get out of this somehow (they have admitted liability for gods sake) then what are our chances of avoiding all costs?!?

She was in an accident that was not her fault, that she obviously didn't ask for, and yet could soon be a further £1,000 in debt!

Katie-Kat-Kins · 21 August 2009 at 10:15AM

If the other side have admitted liability the chances are she won't have to pay, but the people to advise on this really are her solicitors as they have all the facts, give them a call, they will be able to help you.

dacouch · 21 August 2009 at 10:18AM

Its not neccessarily the fact that they have admitted liability, it sounds like the other side are either disputing the costs of the hire or whether it was needed.

DrScotsman · 21 August 2009 at 11:49AM

SharkMan, I am in the exact same position as your girlfriend

My advice is to cancel the card. If you want to prepare yourself for "worst comes to worst", then it might be an idea to send them a subject access request to get the telephone recordings between DA and your girlfriend. It'd cost about £11 for a postal order (or £10 for a cheque, but I'd pay the extra £1 to avoid giving them your signature) and a few quid for one or two recorded delivery letters.

Want to know what everyone thinks of the idea of a subject access request?

dacouch · 22 August 2009 at 1:28PM

Here is a recent ruling on Credit Hire which may be of interest http://www.kennedys-law.com/media/emails/Liability/Kennedys%27%20Liability%20Update%20-%20Court%20of%20Appeal%20holds%20that%20credit%20hire%20costs%20can%20be%20recovered.htm

matt1987 · 22 August 2009 at 6:08PM

Ok, so I am now getting very worried at what might I have in store very soon.

I was shunted in the back while driving my car a few days ago, through no fault of my own. The other drivers insurers have already admitted liability which I am very relieved about.

Anyway, when I made the claim ( I am with Tesco ), I was told that I could have a hire car even though I dont pay for that service with my policy, as the accident isnt my fault, while my car is in for repair.

I obviously said yes, and a company called Drive Assist contacted me that same day. Next day, and driver turns up on time, with a 09 plate Vauxhall Corsa, which is like for like.

It was delivered dirty, but the interior wasnt too bad, and I was happy with that. The delivery driver did state that the guy who cleans the cars when they are returned is on pittance, and that all he does is give them a " Once Over ".

For a 5 month old car, there are ever such a lot of scratches on the vehicle, some of which we couldnt find, and some which were new and he put them down on his PDA, and obviously, some which were there and had been noted down.

I have been checking everyday to see if any marks appear as I have been told I will be liable for any damage caused and will result in having to pay £175 excess. I asked the delivery driver if minor scratches count, to which he replied, if they can be polished out, then no its fine.

So far, I have had the vehicle for 5 days and not 1 new mark has appeared yet, but now I am seriously fearing when they collect the vehicle from me, especially about all the comments and what has been said on here.

I have a personal injury claim going through at the moment, which Tesco have appointed solicitors for me. Needless to say, next time my solicitor phones me, I will be venting my concerns to her regarding this cowboy company. I really do not trust these people now, especially as I have signed an agreement with them. Maybe I should phone Tesco and tell them I now fell uncomfortable in dealing with them because of the bad press, and customer feedback.

rAceR09 · 25 August 2009 at 9:01PM

Uh oh. I have also received a car from Drive Assist, who my insurance company put my no-fault claim through after someone drove in to my car in a car park.. luckily I was just walking back at the time and also had a witness so the person didn't get the chance to drive off again.

Not looking forward to them picking it up now.

I also had a letter from their insurance company today saying I should deal with them directly (bit late now as I already have my car in the garage and a hire car!!) and that if I choose not to accept their services and use a credit hire organisation, they will refuse payment of any such claim made on my behalf

I remember Drive Assist saying that if they cant claim back from the insurers of the faulty party that I will be liable, but it would be okay as it was 100% their fault and I have a witness.

Where do I stand with this?? I didn't receive this letter from their insurance until I already had it all sorted through blimming drive assist.

Getting worried i will be charged for damage I didn't do to the car and the cost of the hire car as they wont be able to claim it back

Such a lot of worry over something that wasn't even my fault

matt1987 · 25 August 2009 at 10:42PM

you should never go through their insurance, but always your own insurance. They are the ones who sort everything out.

I am getting my hire vehicle collected on Friday so I will let you know how I get on! Not looking forward to it, and have made my solicitor who is dealing with my PI and losses claim what a cowboy company they sound, and that I am worried at what might be round the corner.

Car Insurance - Without Drive Assist!

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