Hire car taken away before I find a replacement for my write-off

My beloved 10 year old Ford Galaxy has been 'written off' by my insurance company as an uneconomical repair following a non-fault accident.

Basically my car was driven into whilst parked and unattended at a railway station but thankfully the at fault driver was found and has admitted full responsibility.

My insurance agents have provided a hire car. My insurance agents have sent me a cheque covering my losses which arrived yesterday and which I banked the same day. I have been told the funds will be available to me next Tuesday. My insurance agents have told me they will be collecting the hire car next Monday as this is 7 days from the date they 'issued' the cheque.

It seems ludicrous and completely unfair that they intend to terminate my hire at exactly the time that I need a car in order to search for a replacement vehicle. I have discussed this with my agents and they tell me this is governed within insurance law that the hire car has to be recovered within 7 days of the cheque being issued. Is this correct?

It seems grossly unfair. I've asked how they expect me to find and buy a replacement vehicle when I have no means of visiting any. The response is that they 'appreciate' and 'understand' my problem but that their hands are tied by legislation. Can you provide a common sense answer or suggest a course of action for me?

Asked on 9 August 2012 by CeeJay65

Answered by Honest John
Unless you are prepared to pay for the hire car you lose it as soon as the claim is settled. If you are unhappy with this, try suing the other party for your perceived loss via the small claims track of the county court, but I don't think you have a viable claim.
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