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  • FIRST POST
    • Larry9999
    • By Larry9999 17th Apr 18, 3:52 PM
    • 3Posts
    • 0Thanks
    Larry9999
    Charge for Hire Car being Stolen
    • #1
    • 17th Apr 18, 3:52 PM
    Charge for Hire Car being Stolen 17th Apr 18 at 3:52 PM
    Hi all,

    Hopefully got this on the correct bit so...my wife had her car written off whilst parked up (so no argument of fault) and she is with Hastings, they then gave her a hire car through Auxillis who gave her a Ford Fiesta with keyless entry, she accepted the agreement expecting to only have the car for tow or three weeks until she recevied the payout cheque but due to an administrative error on the part of Hastings it took them 2 and a half months to send her the cheque. The day BEFORE she received the cheque the car was stolen (the keys were still in our house) and so now they have sent her a bill for 495 for the excess as per the clauses at the bottom of this post.
    My argument firstly is that she wasn't made aware that she would be charged if it was stolen (she was aware she'd need to pay if it was damaged) and secondly the car should've been taken back 2 months ago if they (or hastings) hadn't made an error. Also they have not offered another hire car so she has had to wait for the cheque to clear (7 days) before she can even start to look for one).
    Any advice on this would be great.

    14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
    condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess but there are exceptions
    and if they apply You will have to pay Us the full reasonable retail cost of repair or replacement whether or not You have paid the Damage Protection Charge. The exceptions are: (a)
    the damage or loss is, in our reasonable opinion, caused by the gross negligence, deliberate act or inappropriate use of the Hire Vehicle by You, an Additional Driver or a passenger;
    and/or (b) there is interior damage, the wrong fuel has been used or there are missing keys (or equivalent), accessories, parts or equipment.

    17. You will on demand pay to Us an amount equal to the daily rental rate appropriate to Your period of hire specified overleaf in respect of damages for loss of use for each calendar
    day or part of a calendar day up to a maximum of 30 days where the Hire Vehicle is unavailable to Us for hire because You have not returned it in accordance with Clause 9 or it has
    suffered a mechanical failure (except where You have complied with clause 23) or it has been damaged. We will have the repairs carried out in a reasonable time.
Page 1
    • glentoran99
    • By glentoran99 17th Apr 18, 3:59 PM
    • 5,476 Posts
    • 4,661 Thanks
    glentoran99
    • #2
    • 17th Apr 18, 3:59 PM
    • #2
    • 17th Apr 18, 3:59 PM
    Hi all,

    Hopefully got this on the correct bit so...my wife had her car written off whilst parked up (so no argument of fault) and she is with Hastings, they then gave her a hire car through Auxillis who gave her a Ford Fiesta with keyless entry, she accepted the agreement expecting to only have the car for tow or three weeks until she recevied the payout cheque but due to an administrative error on the part of Hastings it took them 2 and a half months to send her the cheque. The day BEFORE she received the cheque the car was stolen (the keys were still in our house) and so now they have sent her a bill for 495 for the excess as per the clauses at the bottom of this post.
    My argument firstly is that she wasn't made aware that she would be charged if it was stolen (she was aware she'd need to pay if it was damaged) and secondly the car should've been taken back 2 months ago if they (or hastings) hadn't made an error. Also they have not offered another hire car so she has had to wait for the cheque to clear (7 days) before she can even start to look for one).
    Any advice on this would be great.

    14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
    condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess but there are exceptions
    and if they apply You will have to pay Us the full reasonable retail cost of repair or replacement whether or not You have paid the Damage Protection Charge. The exceptions are: (a)
    the damage or loss is, in our reasonable opinion, caused by the gross negligence, deliberate act or inappropriate use of the Hire Vehicle by You, an Additional Driver or a passenger;
    and/or (b) there is interior damage, the wrong fuel has been used or there are missing keys (or equivalent), accessories, parts or equipment.

    17. You will on demand pay to Us an amount equal to the daily rental rate appropriate to Your period of hire specified overleaf in respect of damages for loss of use for each calendar
    day or part of a calendar day up to a maximum of 30 days where the Hire Vehicle is unavailable to Us for hire because You have not returned it in accordance with Clause 9 or it has
    suffered a mechanical failure (except where You have complied with clause 23) or it has been damaged. We will have the repairs carried out in a reasonable time.
    Originally posted by Larry9999

    Did she not read what she signed?


    Cheques only take 3 days do they not?
    • custardy
    • By custardy 17th Apr 18, 4:01 PM
    • 34,022 Posts
    • 28,926 Thanks
    custardy
    • #3
    • 17th Apr 18, 4:01 PM
    • #3
    • 17th Apr 18, 4:01 PM
    Hi all,

    Hopefully got this on the correct bit so...my wife had her car written off whilst parked up (so no argument of fault) and she is with Hastings, they then gave her a hire car through Auxillis who gave her a Ford Fiesta with keyless entry, she accepted the agreement expecting to only have the car for tow or three weeks until she recevied the payout cheque but due to an administrative error on the part of Hastings it took them 2 and a half months to send her the cheque. The day BEFORE she received the cheque the car was stolen (the keys were still in our house) and so now they have sent her a bill for 495 for the excess as per the clauses at the bottom of this post.
    My argument firstly is that she wasn't made aware that she would be charged if it was stolen (she was aware she'd need to pay if it was damaged) and secondly the car should've been taken back 2 months ago if they (or hastings) hadn't made an error. Also they have not offered another hire car so she has had to wait for the cheque to clear (7 days) before she can even start to look for one).
    Any advice on this would be great.

    14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
    condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess but there are exceptions
    and if they apply You will have to pay Us the full reasonable retail cost of repair or replacement whether or not You have paid the Damage Protection Charge. The exceptions are: (a)
    the damage or loss is, in our reasonable opinion, caused by the gross negligence, deliberate act or inappropriate use of the Hire Vehicle by You, an Additional Driver or a passenger;
    and/or (b) there is interior damage, the wrong fuel has been used or there are missing keys (or equivalent), accessories, parts or equipment.

    17. You will on demand pay to Us an amount equal to the daily rental rate appropriate to Your period of hire specified overleaf in respect of damages for loss of use for each calendar
    day or part of a calendar day up to a maximum of 30 days where the Hire Vehicle is unavailable to Us for hire because You have not returned it in accordance with Clause 9 or it has
    suffered a mechanical failure (except where You have complied with clause 23) or it has been damaged. We will have the repairs carried out in a reasonable time.
    Originally posted by Larry9999
    IME the excess is the same as your policy on the original car.
    so what are they saying is the act of negligence to make the excess higher?
    • sheramber
    • By sheramber 17th Apr 18, 4:02 PM
    • 5,259 Posts
    • 3,919 Thanks
    sheramber
    • #4
    • 17th Apr 18, 4:02 PM
    • #4
    • 17th Apr 18, 4:02 PM
    I would say 'loss' covers it.
    • Larry9999
    • By Larry9999 17th Apr 18, 4:08 PM
    • 3 Posts
    • 0 Thanks
    Larry9999
    • #5
    • 17th Apr 18, 4:08 PM
    • #5
    • 17th Apr 18, 4:08 PM
    So are we saying they can chrge her for the car being stolen ? if so then our issue is that firstly she has only had this car for 2 and a half months due to the insurers saying they gave the third party the wrong registration of her written off car so had they not made this error then the car wouldn't have been there. Secondly we thought she was entitled to a hire car for 7 days AFTER she received the cheque however they were coming to collect it the day BEFORE the cheque arrived. Thirdly she was not made aware that she would be chraged should it get stolen, she was only aware she would get charged if it was damaged.
    • meer53
    • By meer53 17th Apr 18, 4:12 PM
    • 9,288 Posts
    • 13,511 Thanks
    meer53
    • #6
    • 17th Apr 18, 4:12 PM
    • #6
    • 17th Apr 18, 4:12 PM
    This covers it, show your wife.

    14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
    condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess
    • pinkshoes
    • By pinkshoes 17th Apr 18, 4:17 PM
    • 15,977 Posts
    • 21,959 Thanks
    pinkshoes
    • #7
    • 17th Apr 18, 4:17 PM
    • #7
    • 17th Apr 18, 4:17 PM
    Has the car been recovered?

    Do the police know who took it?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • custardy
    • By custardy 17th Apr 18, 4:25 PM
    • 34,022 Posts
    • 28,926 Thanks
    custardy
    • #8
    • 17th Apr 18, 4:25 PM
    • #8
    • 17th Apr 18, 4:25 PM
    This covers it, show your wife.

    14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
    condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess
    Originally posted by meer53
    495 doesnt sound like a policy excess,more like a different excess level through negligence as per the T&Cs
    • LilElvis
    • By LilElvis 17th Apr 18, 4:32 PM
    • 3,833 Posts
    • 10,390 Thanks
    LilElvis
    • #9
    • 17th Apr 18, 4:32 PM
    • #9
    • 17th Apr 18, 4:32 PM
    I don't understand why she had to wait for the cheque to clear before she could start looking for a car. She can find a car, pay a deposit and then collect it once the payment has cleared and she is able to pay the balance.
    • Larry9999
    • By Larry9999 17th Apr 18, 5:06 PM
    • 3 Posts
    • 0 Thanks
    Larry9999
    she wasn't able to look for a car as she hasn't had any deposit money spare and didn't know when the cheque would arrive (bearing in mind it's taken them 2 and a half months to get it to her). She still hasn't received the scrappage cheque yet.
    We're more annoyed at the fact that she didn't really want the car anyway but needed it as a necessity under the impression it'll only be there for a couple of weeks. If the insurance company hadn't have made the error then she wouldn't be in this situation.
    • glentoran99
    • By glentoran99 17th Apr 18, 5:12 PM
    • 5,476 Posts
    • 4,661 Thanks
    glentoran99
    she wasn't able to look for a car as she hasn't had any deposit money spare and didn't know when the cheque would arrive (bearing in mind it's taken them 2 and a half months to get it to her). She still hasn't received the scrappage cheque yet.
    We're more annoyed at the fact that she didn't really want the car anyway but needed it as a necessity under the impression it'll only be there for a couple of weeks. If the insurance company hadn't have made the error then she wouldn't be in this situation.
    Originally posted by Larry9999
    Whats this now?
    • zagfles
    • By zagfles 17th Apr 18, 5:30 PM
    • 13,336 Posts
    • 11,323 Thanks
    zagfles
    Is the 495 the excess on the original policy? If so they'll just argue that it's the same as if a car she owned got stolen. If it's a higher excess than on the original policy ask the insurance company why - they should have used the same excess on the hire car as her normal policy.
    • photome
    • By photome 17th Apr 18, 6:23 PM
    • 13,483 Posts
    • 8,995 Thanks
    photome
    Is the 495 the excess on the original policy? If so they'll just argue that it's the same as if a car she owned got stolen. If it's a higher excess than on the original policy ask the insurance company why - they should have used the same excess on the hire car as her normal policy.
    Originally posted by zagfles
    Do all insurers do that, I know ours does
    • lammy82
    • By lammy82 17th Apr 18, 7:52 PM
    • 375 Posts
    • 356 Thanks
    lammy82
    You're not unreasonable to be annoyed about the case being dragged out but at the end of the day she wasn't able to return the car as per the agreement, so the insurance excess is due.
    • LilElvis
    • By LilElvis 17th Apr 18, 9:51 PM
    • 3,833 Posts
    • 10,390 Thanks
    LilElvis
    Whats this now?
    Originally posted by glentoran99
    When my car was totalled last year the agreed settlement was split into two parts - the majority paid by my insurer and the balance (around 500) from the company who scrapped it. Only received confirmation last week of the settlement for my injuries and other losses and the accident was the end of July. Still annoyed that I don't get compensated for 3/4 tank fuel
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