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Accident Exchange - hire car charges after accident


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Ganymeade mentioned something about us making a claim against the driver of the van? The driver is not named as the defendant on the court papers, are we able to make a claim aginst him?

 

 

 

No you can't. There is already a live claim for the same cause of action and there would be no point anyway as his insurers will pay out, it's just a matter of when and how much.

 

I assumed (wrongly I'm sorry) that the driver would be the Defendant but it make no difference to the end result.

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Hello all, have attached some docs, I would appreciate any comments. I am just very scared Ganymede.

 

 

 

Bog standard PoC.

 

Nothing untoward there.

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It is wise to write a letter to PCJ sols to ascertain what their plans are? or just wait?

 

also on the question of bank statements, do we provide these or wait?

 

 

 

It can't hurt to ring/write to the solicitors if it will help you feel a bit calmer about the situation.

 

I would co-operate as much as you can and provide the information requested.

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just home to find the witness statement has arrived. To my horror they want 6 months bank statements and 6 months payslips! I am also not sure that I like that there is a reference to a like for like car being supplied.... that wasn't the case, we were given what was available apparently....not to mention we told AE this, as we struggled to run it....

 

 

I am beginning to feel like our private lives are being looked into, and that this is now getting personal?

 

 

advice on the bank statements would be much appreciated?

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I told you that wages slips, bank statements and credit card statements would need disclosing. 6 months is a bit longer than normal but not uncommon.

 

You are the Claimant and so the burden of proof is on you. You must prove that you were impecunious, I.e. you couldn't afford to pay upfront to hire a car yourself, by disclosing the documents requested.

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its from PCJ, I was expecting to have to provide some info, but 6 months I excessive?

 

 

also, what are they looking for in our accounts? we are a normal family living a normal life? we spend what we earn, cant afford to save?

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Just send 3 months prior to the accident and covering the period of hire and see what they say.

 

I've explained already you need to prove that you were impecunious. That means disclosing you financial records.

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its all very scarry. does this mean that a judge has already seen these papers and has requested more info? as the letter refers to the fact that they wont be able to comply with the courts direction until these docs are received?

 

 

also I am concerned about the point saying that AE provided a like for like vehicle.....they didn't really.....

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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.

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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....

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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.

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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?

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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.......?!

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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.

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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 entireity

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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.

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