Hire Car Co Excess fiasco

[exfacteur]

I could use some opinion on the following.

Just over a month ago I hired a car from a well known company (name synonymous with pain) for a weekend.

I've hired many cars without incident, but this particular weekend a neighbour decided to drive straight into the back of said car whilst it was parked. Nobody else involved.

Since then, I've had the £550 excess charge removed from my account, which has caused me very considerable inconvenience, and despite much protestation am still waiting for it's return.

Now, given that liability for this accident has never been denied by either the third party or her insurance company, I'm somewhat miffed that the car hire company in question continues to hold my money, pending them recovering their costs.

I'd like to issue some kind of threat their way, but I guess legally I have no leverage ?

The other thing is, I've been charged the princely sum of £43 plus VAT for less than half a tank of fuel, solely because I was unable to refill the damaged car myself. Salt in the wound.

I'm sure that eventually this will be resolved, but I am unfortunately not affluent enough to be able to easily absorb £600 deficits in my bank account. Being nothing more than a witness to this incident, it's a bit galling.

Any ideas?

Im assuming you have the terms and conditions? What does it say?

[exfacteur]

Yes, it says

"Your liability may include the cost of repairs, loss in value of the vehicle, loss of rental income, towing and storage charges and an administration charge, which recovers our cost for handling any claim arising from damage caused to the vehicle unless responsibility lies with us or has been determined by a third party or their insurers to lie with the third party."

It seems I am only exempt from their 'administration charge', if I read that correctly. I suppose use of the word 'may' keeps their options open. There is nothing specifically in the T&C which I can attach to this incident, other than the fact that damage has been done to the car whilst in my care. I guess that's end of story?

[dw190]

Surely this X/s and the difference charged for fuel can be recovered directly from the negligent party's insurers.

You as an innocent victim have suffered loss which can be quantified by copying the receipts to your neighbour's insurers.

[Don Quioxte]

Originally Posted by exfacteur

Yes, it says

"..unless responsibility lies with us or has been determined by a third party or their insurers to lie with the third party."

the car hire company will hold onto your excess until the insurers report is processed and confirms that responsibility lies with your neighbour. Standard procedure I would have thought?

The fuel surcharge again will no doubt appear in your contract - where the car hire company can charge probably £1.50 - £2 per litre where they need to re-fuel the vehicle.. total rip-off I know - but I bet it is also in the T & Cs. But again, this amount can be recovered from the third party's insurer aslong as you provide that documentary evidence.

It sucks.

It's crap customer service.

But the car hire company have to ensure they fulfil their underwriters requirements - so will hold on to that excess until the case is resolved.

Nevertheless, if the retention of the excess really does result in some form of impecuniosity or bank charges etc, then might i suggest you retain evidence such as bank statements so that you can pursue the thrid party's insurer for costs incurred as a result of this incident?