Not at fault accident -> Helphire -> Solicitors. Advice needed.

[Reebo]

Hi all,

 

Long story short: I had an accident last December. I was hit in the rear while waiting in traffic, the other party admitted fault, my insurance (Esure) company passed me onto a company called Helphire, who took control of everything, I got a 'courtesy car' while mine was being checked, it was a total write off, I got a cheque from Esure for a lot less than I hoped (long painful story) 'courtesy car' then went back to Helphire.

 

I thought this was all done and dusted, and hadnt heard anything from esure or helphire for about 6 months.

 

My problem arises that I am now having to deal with solicitors that have been appointed by Helphire to recover their costs for the 'courtesy car' from the at fault drivers insurance company.

 

If you are in the know about this, (which I wasn't at the time, but am now) what companies like Helphire do is give you a hire car on credit, then charge far too much for it, then charge the other insurance company for the hire.

 

At the time of my accident I thought I was just getting a courtesy car like my insurance stated I could have (didn't look into this far enough to be honest) but I was a little shook up still, and just agreed to have a like for like car from Helphire till my car was sorted out. I havent had to deal with getting a replacement car after an accident before as I haven't had one before, so I just assumed this is how it worked, and I wasn't told any different.

 

I got a call from Helphire about 3 months ago saying they haven't recovered their fees yet and need to involve solicitors, and I should cooperate with them when asked about the accident.

 

I filled in a form for the solicitors about the accident and sent it off about 2 months ago. I now have received the following letter from the solicitors, which has me a little worried that I am now in the firing line for the Helphire charges. I dont know how to reply to this questionnaire which seems to contain 'loaded questions' in my opinion. If you guys could have a look and give me your thoughts that would be great.

 

--------------------------

 

Dear 'me'

 

Please fill in the questionnaire asap.......

 

1. When you signed the agreement in relation to the replacement car, did you believe that you could be personally responsible to pay charges for the hire car in any circumstances?

 

yes/no ( would have to say no to this one)

 

2. Have you at any stage revieved an invoice for car hire or any other charges from the hire company and/or paid and car hire charges or fees to them?

 

yes/no (unfortunatley I shredded all paperwork from this accident after not hearing anything for 5 months, and I cant remember if I got a invoice or not)

 

3. Before taking delivery of the replacement car did you make any enquiries to other hire companies to determine whether the rates of (Helphire) were competitive?

 

yes/no (no, wasn't even told the rates at first, didn't know I could shop around, this wasn't an option given)

 

4. Do you have fully comp insurance, and if so are you entitled to the use of a courtesy car?

 

yes/no (Hmm yes/no to a 2 question question?? I was entitled, and I was fully comp)

 

5. Would you say that at the time of the accident your financial situation was such that you could not have afforded to hire a car yourself?

 

yes/no (Hmm maybe I could have, but isnt this why we have insurance?? If I answer yes to this I have to send in 4 months bank statements, credit card statements and wage slips, which I would rather not do tbh)

 

This all just has me a bit worried and angry at the moment, as I feel this really should have nothing to do with me at all, I seem to have been treated really badly here by Esure, who just palmed me off to Helphire to be mis-sold things that I didnt realise I wasnt entitled to. I was the innocent party in all of this, and I already lost a load of money replacing my car as I got a low payout for my old car because of it age, and had to have a reliable car for work. So now I am worrying that i'm going to get some extortional bill for car hire.

 

What do you thik I should do?

[Yorkyclaims]

Answer honestly...

 

 

You could have to stand in front of a judge at a county court. From the information provided it sounds like Helphire have really messed up. You will have no personal liability - If the Insurers are told by the court they do not have to pay then no one will have to pay. Helphire will stump the costs themselves.

[Reebo]

Answer honestly...

 

 

You could have to stand in front of a judge at a county court. From the information provided it sounds like Helphire have really messed up. You will have no personal liability - If the Insurers are told by the court they do not have to pay then no one will have to pay. Helphire will stump the costs themselves.

 

I feel a little calmer about this now, so I think I will just fill it in and send it off. I just hope this doesn't end up being a pain for me, I hate the stress.

[INSURANCEGUY]

Hi Reebo,

 

as advised by Craig, answer honestly. There is obviously an issue somewhere and the third party insurer will be looking to defend the claim for hire, this is why these questions have been put to you (known in the industry as part 18 questions).

 

You must answer honestly.

 

I would double check your policy documents- you are normally only entitled to a courtesy car if yours is repairable and going through an insurance approved repairer.

 

hope this helps further.

[Reebo]

I filled it in honestly and sent it off. I think i'll just put this one down to 'learn by my mistakes' if it ever happens again.

 

Thanks for your help on this issue. I'll update this if anything else happens about this.