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leagal advice on courtesy car

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Old 10-06-2009, 07:41 AM
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nilrem
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Default leagal advice on courtesy car

had a crash a year ago in march. Their Fault - reversed out infront of me.

I swerved and the only damage was the rear bumper was partially ripped off and the arch was pulled back a bit under the bumper.

Anyway, car went in for an engineers report and i got a courtesy car. My car got written off due to "un economical repair" and i bought it back. at the same time, my gradma fell ill and passed away(she lives 150+ miles away).

Nearly a year later i get a letter saying that Direct line are refusing the £800ish charges for the courtesy car, so it has gone to the legal team. They charge £200/hour, £40 for a letter and £20 for a phone call so want to keep the contact to a minimum incase my insurance decides that i am suddenly not covered legally... also i need to appear in person to any legal hearings.

I have to fill out a form stating when i had the car, why i needed it and such like. Obviously the ill relative and funeral must sway some things, surely?

Has anyone had a similar experience if so any tips on writing the letter back to them? Have been asked for some expenses as well, obvously i will mention having to leave work and the travel. etc. any other tips??

cheers
Old 10-06-2009, 08:14 AM
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DanW@FastFord
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Originally Posted by nilrem

I have to fill out a form stating when i had the car, why i needed it and such like. Obviously the ill relative and funeral must sway some things, surely?
I very much doubt that will have any effect whatsoever. Your best bet it to read your insurance policy really carefully. It will set out your courtesy car rights.
Old 10-06-2009, 08:16 AM
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natehall
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are you fully comp?

If so most policies (if not all) policies include a addition for legal cover upto xx amount!

Or alternatively you may have cover on your house insurance.
Old 10-06-2009, 08:51 AM
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tabetha
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Did they supply the courtesy car, as part of your policy ?
Did you at any time REFUSE to give back the courtesy car when asked to do so ?
If you gave car back as soon as requested, they have no case, even if you were paid out and they let you keep the car another year, it is up to them to ask for it back.
Any expenses incurred to them is of thier doing and you cannot be held liable.
What you'll most likely find if the car wasn't worth that much is they settled knock for knock with guilty party, a lot of insurers do this as a buddy buddy arrangement, because it is cheaper than litigation, purely down to cost, NU tried to shaft me this way, but they ended up in court and had to pay not only for the car and damages but all my expenses as well for court stuff.
I would though phone Roosie on 07850671020, and just tell him as he does this sort of thing, the solicitors are excellent they use, have cases myself and others with them.

tabetha
Old 10-06-2009, 08:57 AM
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Elvis
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Originally Posted by tabetha
they have no case, even if you were paid out and they let you keep the car another year, it is up to them to ask for it back.
Wrong, you will find when you sign the hire agreement that you are to inform the hire company with in 7 days of your claim being settled or you are liable for any charges there after. thats industry standard, and in the small print of every hire companys hire agreement.
Old 10-06-2009, 09:05 AM
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nilrem
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Originally Posted by tabetha
Did they supply the courtesy car, as part of your policy ?
Did you at any time REFUSE to give back the courtesy car when asked to do so ?
If you gave car back as soon as requested, they have no case, even if you were paid out and they let you keep the car another year, it is up to them to ask for it back.
Any expenses incurred to them is of thier doing and you cannot be held liable.
What you'll most likely find if the car wasn't worth that much is they settled knock for knock with guilty party, a lot of insurers do this as a buddy buddy arrangement, because it is cheaper than litigation, purely down to cost, NU tried to shaft me this way, but they ended up in court and had to pay not only for the car and damages but all my expenses as well for court stuff.
I would though phone Roosie on 07850671020, and just tell him as he does this sort of thing, the solicitors are excellent they use, have cases myself and others with them.

tabetha
cheers! is roosie now "stu@claims company"?

yes i do have leagal cover, but have changed insurance companies since claim. car was valued at £900, with £100 scrap value, so took the £800 cheque. but C-Car totals just shy of £800...

took the car back as soon as they asked for it, was the very next day IIRC as i work just round the corner from the inspection centre. was given to me as soon as the claim went through as part of the policy. u/limited miles as well (checked due to the ill relative).

my guess is they are gonna claim that the car was road worthy (only cosmetic damage done) so why would i need a C-car?...

just cant believe over a year later, after paying out for the car, NOW they contest it????


cheers for the replies guys
Old 10-06-2009, 10:04 AM
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S1rst
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I had exactly the same years ago when someone wrote my nova off. I had a courtesy car for around 2 months. I was paid out and they collected the courtesy car the week after. Over a year later a received the same letter saying i owed over £2k

I just forwarded the letters onto my insurance company at the time and told them to sort it. Job done.

Last edited by S1rst; 10-06-2009 at 10:06 AM.
Old 10-06-2009, 10:10 AM
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i used to work for a accident management company, a lot of the time this is to do with the the Third parties insurer agruing that a vehicle was roadworthy so no need for a C- Car however you will not be responsible as your legal cover will cover the costs. If you have any questions fire away and i will try and answer them as best as i can.

Cheers
Dom
Old 10-06-2009, 04:19 PM
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tabetha
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Originally Posted by Elvis
Wrong, you will find when you sign the hire agreement that you are to inform the hire company with in 7 days of your claim being settled or you are liable for any charges there after. thats industry standard, and in the small print of every hire companys hire agreement.
If the hire car is supplied(even though through a third party) by the insurer in law the contract is between the insurer and the hire company, it's nothing to do with the user.
I had hassle with WILLHIRE, had to put a £100 cheque down for courtesy car, they stated in the agreement VERY clearly they would NOT cash the cheque unless there was any damage.
They as agreed came to collect car 3 weeks later, when I asked for my cheque, they said,
"oh we always cash the cheque, we'll send you a refund", so I said "ok when it has cleared in my account you will get your courtesy car back", it was a 2 month old focus.
They said "ok well call the police", "use my phone I said, save your mobile bill", plod came told them nothing they could do, as I was in the right holding property until a debt had been paid, they soon found cash!!
Another industry standard is they are the bigest crooks going.
tabetha
Old 10-06-2009, 06:09 PM
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who supplied the car first of all?
was it "your" insurance company?
was it "their "insurance company?
was it the "garage" that the car went to to get inspected?
was it one of the "claims people" who called you after the event?

once you sort this out, then you can figure out who authorised them to give it to you

in my case they wanted £3k as i'd had a car for 2 months and put 4,000 miles on it

when it came to it though, the other persons insurance company were playing silly buggers and i said at the time that when i called my insurance company, i had another call from someone else afterwards stating that my insurance company had called them as i wasn't allowed a courtusy car under my policy but, due to the personal injury aspect, i would be given one

they then argued that my car was roadworthy after the accident, i argued that, seeing as i could not open the rear door, i would be unable to carry a car seat or rear seat passengers legally of safely

they coughed up
Old 10-06-2009, 06:14 PM
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Elvis
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Originally Posted by dojj
who supplied the car first of all?
was it "your" insurance company?
was it "their "insurance company?
was it the "garage" that the car went to to get inspected?
was it one of the "claims people" who called you after the event?

once you sort this out, then you can figure out who authorised them to give it to you

in my case they wanted £3k as i'd had a car for 2 months and put 4,000 miles on it

when it came to it though, the other persons insurance company were playing silly buggers and i said at the time that when i called my insurance company, i had another call from someone else afterwards stating that my insurance company had called them as i wasn't allowed a courtusy car under my policy but, due to the personal injury aspect, i would be given one

they then argued that my car was roadworthy after the accident, i argued that, seeing as i could not open the rear door, i would be unable to carry a car seat or rear seat passengers legally of safely

they coughed up
Another personal triumph for Dojj
Old 10-06-2009, 07:44 PM
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you could say that, but it was well documented at the time, about 3 years ago now
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