Hire car - accident - insured - suddenly I am not insured and they took 4665 pounds of my credit card

[Skelm]

I book on line with Rentals.co.uk a car.

This was through Atlas Choice.

They send me 72 hours later a voucher and I could pick up the car at Green Motion at Gatwick.

I also took an extra insurance with White Horse Insurance Reimbursement up to 2000 pound.

In the contract with Atlas Choice I was insured for car theft and CDW.

I asked if I was insured and Green Motion said yes.

This was the 26th of May.

 

Hired an automatic as coming from the continent and having to drive on the left side and using my left hand to change gears would distract my attention to the traffic and road signs.

 

I drove onto the M23 and later onto the M25.

I didn't drive faster then 60 miles an hour as I notice that the car was pulling towards the left.

Also there was a ticking noise in the left back wheel.

This stopped when I got off the motorway and onto the country road in Surrey.

 

Near Woking there was a very dark long tunnel under a railway. I stopped as a car was coming through the tunnel.

On the left side in the tunnel was a railing on a pedestrian pavement.

I pulled up from a bright sunny day into the dark tunnel and my left front tire hit the curb outside the railing.

Suddenly the car toppled over very slowly and fell on its right side.

Some one behind me stopped and got me out of the car.

Phoned the police and I waited.

Had no injuries, my glasses were still on my nose, my Tom Tom was not damaged and the airbag didn't deploy.

 

The police took my statement as there were no witnesses and took photo's.

He phoned the hire company and the recovery company.

The recovery car damaged my hired car more as the car was flipped over and fell against the railing.

Causing a dent in the passengers door.

On the right side the small front window broke because the mirror was there.

None of the other windows broke.

And there were scratches along the right hand-side.

 

On the 27th of May, I returned to Gatwick and to Green Motion to fill out the accident form.

They took off my credit card £750 which was my own risk.

 

Returning home, I discovered that they took of an other £ 3909 off my credit account. (total was 5986 Euros)

Suddenly I am not insured because reckless driving...

Or the damage was not included in the CDW. (Green Motion) but I hired it through Atlas Choice.

Or CDW didn't count because there was no other car involved.

They change their story all the time.

As I hired through Atlas Choice and not through Green Motion, I guess that I have to keep them responsible!

 

I did fill in the AXA forms for my reimbursement insurance.

 

Is this legal! Taking the money off my credit card while I paid for my own risk?

Surely I am not responsible for the total repair bill!

What can I do!

[Bang!]

Is there an online link to the T&C of the insurance agreements, as its really difficult to comment otherwise, although its unfortunately pretty well known hire drive companies will try to milk you for anything they can.

 

Without seeing those details; reckless driving in an offence, and with the police present, (I presume) you were not charged with reckless or even the lesser alternative of careless driving (from memory s2 and s3 of the RTA), and as the side of your car clearly collided with the ground to cause the damage, then did they specify their definition of collision (had you driven into a pole, would that not have been covered too?).

 

Also, there's no harm in contacting your credit card co, and telling them you had CDW/insurance, so are affronted at what has been taken from your card (and email a copy of the docs, which presumably you paid with the card too).

Edited June 22, 2012 by Bang!

[raydetinu]

send all correspondance, insurance details and dispute letters with hire co. to credit card co. and ask to do a charge back as withdrawel was done without your authorisation or agreement.

[popeyethesailortam]

Unless you have been charged with reckless driving then the insurance company cannot do this. Contact your credit card company and tell them money was removed without your authorisation.

[Skelm]

Here is the term (well I cannot place this with the link. Go to Atlas Choice - car rentals and fill in details and read their terms...)

It said that it is insured under CDW.

 

I did inform my credit company and they did recharge the 5000 euro but I am not sure if later I have to pay if we loose.

I was not charged with reckless driving by the police.

Wat is s2, s3 ant RTA mean?

I am a Dutch woman living in Portugal so I am not familiar with these terms.

 

The police gave me kindly a lift to the party I was going to.

[Skelm]

Thank you did it but how much power do they have?

I mean lawyers.

[Skelm]

No I have not been charged with reckless driving.

The police officer was very kind.

He understood the situation.

[ashmk]

s2, s3 = section 2 (Dangerous driving )and section 3 (Careless, and inconsiderate, driving)

 

RTA means road traffic act.

 

http://www.legislation.gov.uk/ukpga/1988/52/contents

[popeyethesailortam]

I'd of said that unless the police have charged you with any motoring offense then the hire company is trying it on. Only the police can charge you with reckless driving, you then would have to be convicted of the offense.

 

They stand no chance. Lawyers cannot charge or convict you so dont worry.

[Skelm]

Thank you for the explanation.

The police cannot charge me as I am back in Portugal.

And they didn't charge me.

But the hire company is claiming that I was reckless driving and that is why the insurance doesn't count any more.

According to them so I am liable for the damage.

 

I will get the police report and will tell them that if the police didn't charge me than they cannot withdraw the insurance.

[popeyethesailortam]

Thank you for the explanation.

The police cannot charge me as I am back in Portugal.

And they didn't charge me.

But the hire company is claiming that I was reckless driving and that is why the insurance doesn't count any more.

According to them so I am liable for the damage.

 

I will get the police report and will tell them that if the police didn't charge me than they cannot withdraw the insurance.

 

They stand no chance of getting you to pay. You pay insurance in case of an accident. Do exactly that and forget about it. Ignore any solicitors letters. Only a court order can make you attend court and given you are in another country they are unlikely to even bother.

[Surfer01]

Hi Skelm, I referred you to this site from Indaba and I glad the answers are similar to what I had said in my email. Hopefully nothing further will come of it especially as you have challenged them. Funny thing is that this seems to happen in reverse to UK drives in the EU where they get charged silly amounts for tickets that don't exist!