Drive Assist couldn't recover costs

[alphred]

Many months ago the rear wing of my wife's car was hit by someone as they changed lanes on a large roundabout. He admitted fault (although I guess not in a legally binding way) and she agreed to get a quotation for the repair in an attempt to settle the matter without involving insurance companies. Predictably he balked when he saw the price of a new panel, respray, courtesy car etc. I'm guessing that it amounted to more than the total value of his car.

 

They went down the insurance route and she ended up getting a car from the infamous Drive Assist while hers was being repaired. As I understand it they're a 'Credit Hire' company, specialising in just this type of 'non-fault' claim. They've continued to ask questions sporadically for the last several months, usually asking for things that were clearly stated on the original claim form. Finally she's received a letter announcing that they have been "unsuccessful in effecting full recovery of the credit hire changes from the Third Party Insurers". More to the point they say that they've instructed a firm of solicitors to attempt a recovery on her behalf.

 

Although I've tried to stay out of this as much as possible up until now, this rang some alarm bells for me, which is why I'm here seeking some advice. I can only assume that there's potential here for us to get landed with a large legal bill along with the hire car fees (which we would never have agreed to if we'd had the choice). I presume most insurance companies are too lazy to fight for a relatively small claim and will probably agree on joint liability despite the evidence.

 

Should we be looking to involve our own solicitor? How does this relate to her insurance company, from whom we haven't heard since Drive Assist were appointed? I assume the third party insurance hasn't paid up for the damage either. We're obviously keen to avoid this counting as claim on her policy.

 

All help greatly appreciated.

[unclebulgaria67]

I think you need to make further equiries with DA. Yes there is potential for you to be hit with costs that they cannot recover. They have appeared on consumer programmes where people have received a bill for thousands in hire car charges, because the third party Insurers have not been made to pay these. You need to read the contract signed with DA to understand the situation.

[Mwynci]

Yes you could be liable for these, the creidt hire contract you have signed will state this. Not a lot of credit hire companies will chase the customer where the customer has not been liable for the unrecoverable costs, and this is where DA got into a lot of trouble a couple of years ago where they were charging the third party because they didn't collect the car for a couple of day etc and then tried to get it from the customer.

Now in your case the court route is either because of quantum (the amount claimed) or liability, if the first then your insurer wil probably have nothing to do with this and split settlements etc will not come into play. If it's over liability, your insurers may have agreed to stay out of the proceedings and wait for the outcome of the drive assist Vs the third party claim.

You need to speak to all concerned and get some straight answers, find out why it is going to court, are the third party blaming you personally for part of the reason for not payment? etc.

[Ganymede]

As it was an accident on a roundabout my guess is that liability is disputed hence why the TPI are refusing to pay up.

 

Speak to your own insurer to find out.

 

Ultimately she is responsible for the hire costs as she signed the credit hire statement.

[raydetinu]

Why was her own insurers not involved, they should be handling it? if fully comp.

was a courtesy car not part of her policy?

What do terms and conditions on the car hire document actually say about cost recovery and payment.