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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hastings/Principia/Auxillis - Tricked into a car hire when told it was a courtesy car!


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The situation is slightly more complicated.

 

I think the coutesy car is provided through the authorised repairer, normally for 14 days.  You will find details in your policy. Beyond the courtesy car period, it is car hire.

 

Auxillis will try to reclaim the full costs for the whole period they have provided the car.  As you say the third party drove in to you, from what you have said, there is no dispute that the third party is liable.  So yes sign their paperwork to enable them to start to recover every penny that is owed by the third party insurers.  

 

I think it is just the poor way things are communicated. This is just a standard process.  Third party insurers will hold out before paying and might want to argue, if they think the car hire costs are excessive. Does not take away your right to also do the same, if they try to claim excess costs back from you.  When you sign the document, you can always add, that you retain the right to take all available actions, if you are asked to pay for hire car costs, which you have not agreed to pay.

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Just to add my thoughts on this.  At the moment, it is only a possibility that Symbiosis will be asked to contribute towards car hire costs.

 

 With these Insurance claims, even if the driver at fault is not in question, the Insurers will quite rightly question the costs they are being asked to pay. Therefore until the moment of decision, there can be this fear that a letter will be received asking to pay amounts, that people don't feel they are responsible for. 

 

Symbiosis was told it was a courtesy car, when it was really a credit hire car. This is a bit naughty, but the courtesy car per the Insurance contract would be for a week or two, to allow for a repair to take place. If the car is found to be a write off, then a hire car can be used to cover short period, before a permanent alternative can be obtained by the policyholder.

 

I would cooperate with the Insurers and Auxilis to get this resolved, but make sure they both have a letter on file that you are not happy with the courtesy car/hire car mix up and may take any necessary actions later, if they ever attempted to recover any costs from yourself.

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  • dx100uk changed the title to Hastings/Principia/Auxillis - Tricked into a car hire when told it was a courtesy car!

I think i understand the situation.

 

You did not take out the optional legal expenses policy when you bought the Hastings policy.  Therefore your Hastings policy has no legal cover to help litigate against the third party and their Insurers to recover your uninsured losses such as excess, car hire etc. 

 

So you have ended up in the situation, where the third party Insurers have decided to dispute liability and you have a choice of taking action yourself or signing up to the Principia contract being offered.

 

So yes if you are unhappy with the Principia arrangement, then reject this and advise Hastings that you will be acting for yourself to recover the uninsured losses from the third party. If Hastings have written off your car and paid you, ask them whether they have attempted recovery of the write off cost from the third parties insurers.

 

Now is time to gather any information you may not have, such as full cost of hire car. 

 

Have you checked whether there is CCTV of the car park available, by submitting a Data Protection SAR to car park operator ?

 

When you don't buy the legal cover, you suddenly realise after a claim, that you will become the expert in trying to  recover the claim values.  Insurers to save costs, no longer employ all of the staff to provide the full service they did decades ago.

 

 

 

 

We could do with some help from you.

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