Corvette C3 - Credit Hire Agreement - Squicker

About 18 months ago I was rear-ended by a van on the way to work. The damage to my car was not extensive and I followed process and reported it to my insurer. They 'appointed' Helphire, who provided me with a vehicle of similar spec while mine was being repaired. They also provided a secondary policy which said I would not be liable for any charges even if the case was lost for some reason.

Anyway, the third party's insurers have refused to pay up - the defendant has even denied liability (his statement seems a bit of a joke, but nonetheless he's attempting to blame me for the collision by denying some of the facts) - and it's ended up at the Small Claims Court.

I have today read with interest your article on credit hire, particularly the 'impecunious' measures. As evidence for the court I was asked, in writing, by the lawyer appointed to my case, if I could have afforded my own hire vehicle. Quite clearly I could have, I am a man of some means, I merely used the Helphire agent as they appeared formally appointed and I am a busy person who felt it beneficial for someone else to handle matters. So I responsed in the affirmative.

Is this likely to affect my secondary insurance with Helphire and I'll be landed with a bill for the hire car? If, for some reason I am pronounced liable in court (I can't see how, I took accident photos the lot, but there's always an outside chance I guess) would this affect my liability for the hire costs?

Thanks

Edited by Squicker on 06/10/2011 at 15:08

Corvette C3 - Credit Hire Agreement - Armitage Shanks {p}

At the end of Para 1 you say you have a policy to protect you against having to pay charges so I don't quite see why you are worried.

Corvette C3 - Credit Hire Agreement - Squicker

It was the 'impecunious' bit that rattled me as it wasn't mentioned to me as a pre-requisite at the time. But I have asked them and yes, the entire thing is covered even if the defendant manages to escape paying for the hire car due to the fact I am not impecunious and could have afforded my own hire car.

Edited by Squicker on 06/10/2011 at 16:00

Corvette C3 - Credit Hire Agreement - ifithelps

The accident management companies usually only take on cases they are confident of winning.

As a back-up in case they don't win and can't recover their costs from the other side, they offer their customer (you) an insurance policy to cover the costs of the hire car.

This is what has happened in your case.

If the other party wins, you are technically landed with the bill, which you claim back via the insurance policy.

So it will come down to the wording of the insurance policy.

It is nonsensical for an insurance policy not pay a claim simply because the insured has the money, so you should be covered.