Will I be liable for the costs of my upgraded hire car following an accident?

Someone drove into the back of my 2010 Hyundai i20 - not my fault. Hyundai Accident Aftercare (HAAC) has arranged a hire car through Gemini Vehicle Solutions, a 2012/62 Ford Focus 6-speed diesel from Enterprise. Enterprise said this was a free upgrade. The rental agreement from Enterprise is for £17.99per day. The vehicle hire agreement from Gemini (which I have not yet signed), is for £58.76 per day excluding VAT. Should I tell HAAC about the free upgrade to a far better/faster/newer/larger car? And will I be liable for the rental charge, as it is a larger car than mine? Or should I tell Gemini? Or both - even though they are based at the same address. Should I get a letter from them saying this is a 'like for like' rental?

Asked on 16 March 2013 by JR, via email

Answered by Honest John

Your problem is the clear difference between the Enterprise rate and the credit hire operator's rate, and the third party insurer could refuse to pay the difference leaving you to pay it. You should cancel the credit hire car and hire the car yourself from Enterprise this 'mitigating your expense', as you are required to do. Insurers are not in any way obliged to supply substantial profits to credit hire operators.

Tags: hire cars insurance accident management claims

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