Accident Exchange - hire car charges after accident

[Ganymede]

The judge won't have seen anything really yet but by the sounds of it has ordered you to disclose the documents. I would call the solicitors and ask them exactly what the Court has ordered you to disclose and by when.

 

If the statement is for you/your husband to sign then you must make sure it is true and correct as it will need to be signed with a statement of truth which is the same as swearing an oath in Court.

[Feelingdownandout]

its my hubby statement and claim, I just a bit more admin savvy than he is, but I don't know the law so well. also never been in this situation. I not comfortable about the like for like issue.

 

 

im starting to feel most uncomfortable about all of this....

[Ganymede]

If your husband is not comfortable then amend the statement.

[Feelingdownandout]

first thing Monday there will be words had with pcj

[SuperVillain]

Ganymede is right the Judge won't have seen anything but the Claim Form/ Particulars and the Defence filed by the other side (that's even if it is a judge looking at the papers for allocation). These cases go through the Court a lot so Judges know what they're doing to make sure they have all the information required to make a decision before the hearing takes place. What will have been sent to PCJ are fairly standard directions requesting all sorts of information be exchanged between the sides prior to any hearing.

 

6 months of financial info is right on the facts, you said the accident happened in August last year so that'll take you to around that time. Your financial situation at the time of hire is what's trying to be ascertained.

 

I know you feel like you're having your privacy invaded and that's probably because the whole thing is very much out of your hands. Look at it this way, if you were bringing your own civil claim e.g. say a builder did some dodgy work on your house and you wanted compensation - you wouldn't expect to start such a claim without having proof of a) why the work was dodgy and b) why you're claiming the amount of money you are.

 

This situation is no different - you're still claiming money from someone so you still need to show a) why and b) why that much. a) has already been sorted as liability isn't an issue but b) is the point of contention.

 

And again with the witness statement it's a standard format and what they'll do is change up a few paragraphs to make it fit with the circumstances of the case at hand. Saves time and money to do it that way.

 

And with the like for like issue it's very simple. It doesn't matter what car they provided you with, it's about what they charged. If they gave you a Ferrari and charged you the same rate they would if they gave you a Vauxhall Corsa the other side won't have much of an argument.

 

If you have your hire agreement and can tell me

1) the daily rate they charged being

2) the make model and engine size of your own car

3) the car they gave you

 

I can give you an idea of how reasonable the charges are... might put your mind at ease.

 

But nonetheless I've said it above and I'll say it again, its a 1 1/2 grand claim it's most likely going to get settled before a hearing.

[Feelingdownandout]

1) the daily rate they charged being Approx £67

2) the make model and engine size of your own car - Peugeot 307 1.6

3) the car they gave you Insignia 2L

 

Hope that helps

 

Thanks

[SuperVillain]

That charge seems ok

 

But I've had a thought, as you have your hire agreement to hand - on the top right side of the bit you or your husband signed there should be a section that starts "Drivers" and about halfway down says "Vehicle Group" and a little code starting with S - does your hire agreement say S4 or S6?

[Feelingdownandout]

Hi it says s6

 

What does that mean?

[Feelingdownandout]

It certainly does feel like it's beyond our control. As well we have had another sols letter informing us of a change of case work person. Seems like no consistency. This is having an affect on us, I wonder if the third party will have to provide their bank statements.......?!

[Ganymede]

No they won't have to provide bank statements.

 

Why would they?

[SuperVillain]

Ganymede is right they don't.

 

You're the Claimant remember - you're claiming damages from the Defendant - so you have to prove your losses are reasonable.

 

The code above is the ABI (association of british insurers) code for the type of vehicle. S is for standard, and they range from 1-7. So S1's are like tiny 1.0l city cars e.g. smart cars/renault twingo's etc and the higher the group the bigger the car and/or engine. Your Peugeot is S4 and the Insignia is S6.

 

Even though the hire agreement has S6 written on it (because that's what type of vehicle you got) I still think they've charged their S4 rate. Other credit hire companies I've seen charge over £100/day for an S6 and I don't think AE are that much cheaper than the competition.

 

This claim is likely at the Directions Questionnaire stage and both sides are probably waiting for the claim to be transferred and the local county court to forward case management directions. So I reckon there should be some settlement offers and counter-offers flying around.

[Feelingdownandout]

Sorry I was being a little sarcastic, mean of me - I apologise

Well I hope so, its a good job that we have internet banking, otherwise there would be a cost to obtaining these statements from our bank....

I just want an end to this now, its all a bit much and making my hubby feel very down about it all. We have a message into the sols about changing the statement as its not correct in its entirety

[Huff&Puff]

FWIW, the reason why Enterprise wanted the credit/debit card details was probably in case the car wasn't returned with a full tank. My Motability car broke down a few months ago, and while it was at the dealers they hired me a car from Enterprise, but I still had to give them my card details on the understanding that it would only be debited in the event of them having to put fuel in. I returned the card with a full fuel tank, and they didn't take a penny from the card.

[Feelingdownandout]

thanks Huff&Puff for your post, however, we don't like to leave our bank details with anyone....

[Feelingdownandout]

Latest update, the sols haVe been in touch and we have asked for the court directions, in fact the court didn't ask for 6. On this, but three before and the period of hire. I will be sending these this week.

 

The court date has also come through and the sols have been in touch to 'prep' my husband for attendance? Does bed have to attend, and is it likely that this will actually go to court?

 

This is becoming more and more worrying as the days go by.

[Ganymede]

No way to guess it will go to Court. Unlikely but at this stage assume it will.

 

If it does go to Court then he will definitely need to attend.

[Feelingdownandout]

I hope it doesn't, to be honest we feel like our lives have been put on hold. We are both run down, to the point where we have both been off work poorly.

 

I would never have thought in a million years that this would have happened. It can put you off owning a car.

[Slimm]

Quite often the companies involved let these things run to trial just to see if the other side turns up,

its quite common for their lawyers to reach an agreement face to face 15 minutes before the hearing.

I'm afraid you do need to be prepared to attend, however its really not something to worry yourself sick over - it's not like a massive criminal trial with ferocious cross-examination in front of a hundred people, its more like a small business meeting.

Just stick to simple facts and you'll be fine.

Your solicitors will arrange for counsel to be there to reassure you face to face beforehand and to keep you company during.

If asked anything you don't know theres no harm in saying you don t know - the Judge's don't expect you to be an expert in terms of the law, motoring or finance.

[Feelingdownandout]

I just hope that things get settled before that. Is it common place that some insurance companies don't pay out until the last minute?

[Slimm]

Not common, but certainly not unheard of. From numbers plucked out of thin air say perhaps 1 in 20 cases might have proceedings issued and then of those only about 1 in 10 would actually run to a hearing. It's more common for cases to go a hearing where there is a liability dispute but even then the vast majority are still settled earlier.

[SuperVillain]

I still think it'll get settled before the hearing but I've been wrong before. Like I said I don't see there's any legal merit in them pursuing the offer of hire/intervention argument. Some solicitors are just stubborn though.

 

Like Slimm said above there's nothing really to be nervous of, although it can feel daunting. If it gets that far just tell the truth and you'll both be fine. The questioning will mostly be elaboration of what's on your witness statement.

[Feelingdownandout]

latest update is that following receipt of all requested paperwork the solicitors are still looking at a court appearance? is it likely that this will actually go to court? Any advice? I am of a mind to call the solicitor to find out when the lasdt correspond with the TPI was?

 

Also, if the court awards in favour of my husband are the other side liable for costs of the courts and expenses etc?

[SuperVillain]

Hi, as this claim is in the Small Claims Track if you win the other side will be liable for fixed costs and court fees. So for this Claim that's (90+80+160 = £330 ish) Again if you're successful the Court is likely to award your husband's travel expenses and possibly loss of earnings.

 

Let's remember liability isn't in issue here its just quantum and it's highly unlikely the Court will award you nothing.

 

When's the hearing? Is there still time for settlement?

[Feelingdownandout]

Latest Update

 

The hearing was scheudled for yesterday. My hubby tunred up fpr the hearing, only for it to be settled between the Baristers at the Court.

 

Our Barrister said that my hubby should not have been involved in this situation, as it was a tussle between Enterprise and Ax Ex.

 

Still its settled now, stress over

 

Thank you to all.

 

p.s. to any future readers of this thread, I am always happy to answer any questions

[LaraCMA]

Glad to hear you have had good news. Credit hire is a hugely complex area and the supply chain within an insurance company can be equally confusing for a customer to navigate. Anyone with similar issues please feel free to post up and I am sure with the benefit of those on here with industry knowledge we can help you achieve the right outcome on your claims, fault, non-fault or partial.