Accident mismanagement

I write in connection with my son's recent claim on his own fully comp insurance policy (he is aged 34). Someone drove into the back of him. Liability was agreed, the car was repaired and his insurer gave him a "no fault" confirmation on his next recent renewal notice. (He did not actually renew again since they doubled his premium, notwithstanding he has no claims discount protection). The latest problem is that the other side has disputed the hire car costs during the repair. My son's insurer has enlisted a solicitor to reclaim these costs from the other side. He has now been asked to explain his reasons for needing a hire car (no problem there apparently), but he was also asked whether he could have afforded to pay for a hire car himself at the time. He says "no". The solicitor has requested 6 months of his bank statements to prove it, saying that the other side will be likely to ask for this. When my son's insurer arranged the hire car, he was not asked any questions about affordability, he was just referred to the car hire company. My son did not have to pay the hire costs. I think the problem with the disputed cost has arisen because of the cost of a second hire car. The first was a Subaru Forester that proved to have faulty brakes. My son took it back and was given a Golf GTi, which was the only automatic they had at the time. The total hire period was about 2 weeks. My query is - should anyone have to produce their own bank statements? Surely this is not the point of the claim? I would appreciate any comment you may have

Asked on 19 September 2010 by MH, Totnes

Answered by Honest John
He needs legal help. This was a credit hire car and if he signed anything he has probably signed liability for it if the cost cannot be recovered. It's a legal racket. No question that he was entitled to a car while his was being repaired. The questions are, what level of car, how much the rental cost was, and how long he had it. If the car was arranged by the same accident management company that arranged the repair, then the repair could have been delayed to extend the hire and rip off the other party's insurer. Scale of hire car fees here:
www.honestjohn.co.uk/faq/credit-hire Contact asklucy@honestjohn.co.uk to be pointed in the right direction.
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