car hire damage costs, threatening letters

[gilesy24]

my mother recently drove into the back of a man driving a hire car. The impact was at low speed and their was no visable damage, agreed by the driver and my mother.

Wisely the man took my mums insurance details, but her insurance company has been informed, she hasn't informed them either.

6 weeks later my mum received a letter, stating she was liable for £420 worth of damage to the said vehicle. They have been sending out letter after letter, final notice etc etc. They have also threatened passing the debt to an outside agency.

Where does my mother stand legally in this case. Could the car hire company be fabricating the costs, or there is a possibility that that in the 6 week gap the vehicle sustained damage, at no fault of my mother.

Any help would be much appreciated, also information on what to send as a reply letter as we are stuck on what action to take.

Many thanks

Ian

[Gertie100]

I would say get her to contact her insurance company quickly!
Also who is writing to her?

[gilesy24]

budget car and van rentals are the company sending letters

As far as i'm concerned my mums insurance company haven't been informed of the accident, could i just phone up the insurance provider and ask if they have received any claims against her?

my mother didn't admit liability at the scene of the accident (she simply gave the other guy her insurance details), but the other driver had a witness, who i'm sure would state the contrary in order to get his mate out of any bother.

If budget car and van rentals have the insurance details, why haven't they made a request to have her insurance pay for the repair costs.

[patdavies]

Your mother was liable to inform her insurance company of the accident, regardless of whether or not a claim is being made.

Budget can't simply contact her insurance co, and request that they pay - they have no contract with the ins. co. It is your mother who is the insured.

The best advice is for her to cantact the insurers some time in the next few minutes and grovel for not reporting the accident sooner!! Once she has informed them, she can forward all of Budget's demanding letters to them to deal with. She should also write to Budget to inform them of this.

Out of interest, what does she think the insurance is for, if not to deal with matters like this?

[gilesy24]

she understands the insurance policy, but if neither of the insured have made a claim, then how can they send a letter asking for £400 payment for damages to a vehicle. Especially 6 weeks with no prior corespondence (the car could easily have got damaged inbetween this time)

I'm sure budget car rentals do not have the ability to make my mother liable for costs, if she hasn't admited liability, nor has a case been opened to examine both parties stories. Can they really jump the gun that quickly?

[Gertie100]

But this is what she pays the insurance for. They are there to deal with the legitmate claims, and the not-so-legitmate claims.
Personally I would leave it to them to fight it out - I would hope that you your mum would be kept informed. And also tell the insurance company that you believe something iffy may be going on.

[Filthy Monkey]

Once your Mother reports it to her insurance company, they will issue her with a claim form. She needs to fill this in with all of the details of the accident, including any visible damage, or noting that there was none. Details of witnesses are also very important at this point. It will then be argued between the insurance companies to determine if there is actually a valid claim being made.