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Credit hire issue - lozza74

Hi Lucy, hope you can help.

I had an accident in April last year which resulted in major damage to my car. My insurance company (LV) arranged a car through Broker Assistance, which I have since found out was a credit hire vehicle costing nearly £5k for 33 days hire.

Liability has not yet been established for the accident as the other party have basically lied about what occurre, and my solicitors are quite prepared (as am I) to go to court for this.

My problem comes with the credit hire bit. A number of questions have arisen.

1) If 50/50 liability is established will I personally be liable for any amount given that I made the claim in good faith and have told the complete truth about what happened.

2) If I am found NOT liable, the 3rd party's insurers have already stated they are not prepared to pay out either way.

3) The company in question is Broker Assistance. Are they any good? I cannot find anything negative about them on the web and they seem quite reputable.

4) The first letter they sent me just after the accident (which I still have) states that I had free of charge indemnity insurance in the event they are unable to claim the money back from the 3rd party insurers. Will this cover me in the event of (1) or (2)?

The whole thing has been a complete nightmare. The guy hit me side on coming off dual carriageway onto roundabout and is claiming that he was ALREADY on the roundabout and that I lost control of my car causing collision with his van. I called the police to the scene but they have been pretty useless to be fair. No eyewitnesses as it was 6am on a Saturday morning.

To be honest I am almost past caring about the liability issue ( car was repaired and I have protected no claims) but the thought of having to pay £5k in credit hire charges is quite scary.

Credit hire issue - ajsdoc

The credit hire system exemplifies much that is wrong about car insurance.

There seems to be many many people making silly money after crashes (including the insurance companies themselves - it seems that insurance companies and credit hire companies are closely linked). Much of the activity post crash is pointless and many people are making money at the expense of the insured.

It's corrupt. Honest people pay.

Then there's the "injury" claims....

(The incidence of whiplash seems to be very low in countries where insurance based compensation does not exist. It's an interesting disease in having no objective diagnostic criteria. It's probably (in the vast majority of cases) a disease of the time in which we live...a disease which our legal system has created. Just an opinion.)

Edited by ajsdoc on 01/02/2011 at 23:17

Credit hire issue - LucyBC
Accidents are sufficiently profitable that a "referral fee" system has built up around them to try and ensure "capture". The main fees are centred on the personal injury claim (around £700) and the credit hire (£250+ or sometimes much more depending on the model). There are others based on the medical report, the credit repair and sometimes even the physiotherapy.

Accident managers are an attempt to capture the claim and in this case pipe some of the referral fees through to to broker who sold you the policy.

From a personal point of view a good accident manager will not charge you for a credit hire in any circumstances (save where the claim is bogus) and will take the risk on liability and the other side not paying up.

However they will require you support them (in court if necessary) and you may be asked to provide details of means, income, credit card bills and bank statements if faced with a determined defence.

The less scrupulous will attempt to recover their loss from the hirer if they cannot recover from the third party - but this firm do not fall into that category.
Credit hire issue - lozza74

Thank you Lucy for taking the time to reply.

I had thought that Broker Assistance were quite well regarded and I must stress that ,at the moment, they have not made any demands whatsoever. Hopefully they will drag the 3rd party's insurers to court for this.

Thank you for putting my mind at rest.

Credit hire issue - Syxie

I felt it might be helpful to state here my own ongoing experience with credit hire.

My car was hit by another in February 2010. The other car pulled out of a side road and hit mine on the major road, so liability should not have been at issue. After I had reported the accident to my insurers, Admiral, I was called by Albany to confirm next steps in the process, and was offered a “loan” car under a credit hire agreement with Albany. In the circumstances this seemed reasonable because Admiral and Albany are interrelated companies, thus (possibly naively) I accepted it. The agreement provides me with a Free Credit Protection Policy whereby no charges will accrue to me if they cannot be recovered from the third party/insurer. Whilst the third party did, at the time, deny liability, it seemed to me that my report and subsequent interview with an investigator from AIS 2000 made a clear and irrefutable case. Since then, the situation has escalated and a court hearing will now take place on 9 February 2011, almost 12 months after the accident. There have been various references in communications with the insurer, Albany and their appointed solicitor to “hire vehicle” and “hire charges”. One of these, from Admiral/Albany, states: “The third party insurers are refusing to settle the claim for hire charges incurred following the above dated accident.” In a subsequent telephone conversation with Albany’s appointed solicitor on 18 October 2010, I was asked: “… could I have afforded to rent a car myself at lower cost, whilst mine was being repaired?” My response to this was that possibly I could, but this issue had simply not arisen during the original conversation with Albany in February 2010. A later letter from Albany’s solicitor stated: “As the Claimant in this matter and in accordance with the hire contract you have signed, you are required to attend the hearing and give evidence …” and I am still unsure on whose behalf the solicitor is actually acting.

Having since found your site and the many references to credit hire experiences, I am now wondering whether the third party in my own case has been persuaded to maintain their denial of liability, of necessity regarding the whole incident, solely because of the credit hire charges. These charges are not as wildly excessive as some of those mentioned in your column, being 10 days at c. £57 per day plus a £60 drop-off and pick-up charge. However, I was advised on 8 March 2010, when booking the car in with the recommended repairer, that it would be needed for perhaps 3 days. The paperwork on the rental car showed that it was due back on 15 March. Meanwhile, I called the repairer on 12 March and was advised that, because they were running a little behind, the car would probably not be ready until 16 March 2010. They said they would speak with Albany Vehicle Rental to extend the rental period. Not having heard from them on 16 March, I called the repairer on 17 March a.m. and was told that a wrong trim part had been delivered but that it would be ready later on 17 March, which indeed it was.

Whilst this whole epic has not, so far, cost me anything but time, I feel sure that all of the administration, (possibly inflated) hire charges, solicitors’ fees and court costs will come to an appreciable amount. I shall attend the hearing on 9 February 2011, as required, but will doubtless feel that this whole thing has been a totally unnecessary expense that will feed back into already inflating motor insurance premiums.

I was interested to note your reference: "However they will require you support them (in court if necessary) and you may be asked to provide details of means, income, credit card bills and bank statements if faced with a determined defence." Should this occur in my own case, I shall refuse to provide such personal information, as I cannot see any possible justification for it. However, perhaps you will advise what the result of my refusal to do so might be?

Credit hire issue - LucyBC
The fees are close to spot rates and the other side are bonkers to be dealing with it in this way. It sounds like some time-charging solicitor has got their teeth into their insurance company client. Some insurers routinely oppose all credit hires despite the law generally supporting the principle of credit hire.

The issue over the income and how much you have in the bank is that one of the very few areas which have not been tested to the limits is that of "impecuniousness" - which relates to means. They will be seeking to argue that if you could have obtained a marginally cheaper car elsewhere by paying for it yourself then you have not mitigated your losses.

My own view is that your means are largely irrelevant as you might have some other use for the £600 they wanted you to commit to pay the hire bill and it is not for them to decide how you spend your money.

The entire case sounds like a playground spat between lawyers but on the issue of providing the documentation you are strongly advised to cooperate in the action at all times. One of the ploys of the other side is to cause as much embarrassment as possible in the hope that you will become an uncooperative witness, in which case Albany are likely to come back to you to foot the bill.
Credit hire issue - Syxie

Thanks very much for the response, Lucy. You are so correct in using the word BONKERS! to describe this, doubtless, expensive action. With regard to "impecuniousness", I will concede that I certainly could have rented a car myself. However, the offer of a "loan" car appeared entirely reasonable to me at the time. Also, I had no knowledge of this whole credit hire issue, which you guys have very usefully highlighted here.

Perhaps I ought to allow that, in the absence of impartial witnesses, maybe it's simply that the other party's insurers believe that there is some small doubt about liability. In which case, clearly mine feel they have a good case and must therefore respond.

I shall endeavour to maintain my cool!