Credit Hire / Uninsured Loss Recovery

Has your vehicle been damaged as a result of someone else’s negligence?

 

If you are the vehicle owner then not only can we help you in claiming against the negligent party’s Insurers but we can also assist in providing you with a replacement vehicle by way of credit hire.

 

Can you still help even if I was not in the car or not injured?

Yes we can.  We are able to represent you even if there is no personal injury claim being brought – as long as you are not using another firm of Solicitors to represent you within your personal injury claim then we can still help. 

 

What if I was injured as well?

We can deal with all losses you have incurred as a result of the road traffic accident.  If you were injured as a result of the collision then we can bring a claim for compensation for you also.  As well as this, we can claim for any other losses incurred, such as loss of earnings.

 

If you require physiotherapy treatment then it may be possible for us to introduce you to a Rehabilitation Agency who can arrange for treatment for you.  We work alongside leading rehabilitation companies who are able to assist you in this way.

 

What can you do for me?

We can recover the cost of damage to your vehicle.  We will either instruct an expert to inspect your vehicle (this may be a ‘desktop’ report, particularly during the Pandemic) or, if you opponent’s Insurers wish, then they may inspect your vehicle instead.

 

We can also arrange for you to hire a replacement vehicle.  We work alongside leading credit hire providers within the United Kingdom if you are in need of a replacement vehicle whilst your own is damaged.

 

If you have no where to store your damaged vehicle or if it is a danger due to the sharp edges then we may be able to assist in arranging recovery and storage of your vehicle.  We work alongside companies who can arrange to pick up and thereafter store your vehicle in a safe and secure location until the vehicle damage monies are recovered from your opponent’s Insurers.

 

We are able to help even if you are the owner of a taxi, standard or prestige vehicle or a commercial van.  We have even recovered credit hire for tipper trucks and other commercial vehicles previously. Allow us to use our expertise in order to advise and thereafter assist you.

 

Why use us?

We have invested heavily in ensuring all staff at Charles A Marshall Lawyers have exceptional knowledge in relation to credit hire, whether they are brought as a stand alone issue or whether they include personal injuries also.

 

Should I use my own Insurers?

If you have comprehensive insurance then you may be able to claim against your own insurance policy for a replacement vehicle however, why would you this?  Depending on the terms of your insurance policy this could mean that:

 

  • You are deemed to be making a claim against your own insurance policy;

  • You lose your no claims discount;

  • You have a ‘mark’ against your protected no claims agreement;

  • You incur higher insurance premiums in future.

 

This does not seem fair when this was completely out of your hands and as a result of someone else’s negligence who also has their own insurance policy in place to pay for these kinds of claims.

 

In relation to claiming against your own insurance policy, it was stated at paragraph 47 of Recorder David Heaton’s Judgment within the case of Mark Sharp -v- Aviva Insurance [2017] that:

 

“To do so in the context of road traffic accidents and the post accident hire of replacement vehicles would create an unjustified exception to a well-established principle. It would mean that a claimant who could afford a comprehensive insurance policy would ultimately be worse off than a person who had a limited policy. At some stage the cost to the claimant with comprehensive policy cover would catch him up in terms of higher premiums perhaps long after the claim had been disposed of by settlement or at trial. If he has a protected no claim bonus why should he be obliged to use and lose that in respect of a claim on his own insurance policy rather than making a claim against the negligent driver? In addition, there are practical reasons relating to the conduct of litigation why such a departure ought not to be permitted.

 

The costs of investigations into circumstances in which a negligent driver or his insurance company may later contend that the benefits of a claimant’s policy were not adequately called upon and a possible resulting rise in litigation in that regard could be considerable. Nor would subrogated claims between insurers for recovery of outlay be avoided. The potential for creating yet more satellite litigation in this area is considerable. I have therefore come to the conclusion that as a matter of law, in not relying on his contractual rights under his own comprehensive insurance policy, the claimant did not fail to mitigate his loss or incur avoidable loss.”

 

What at the Costs to me?

There are no up-front costs to you.  Costs do vary however depending on what you are claiming for and therefore, these are different on a case-by-case basis.  Please contact us to make enquiries and we will speak with you regarding these. 

 

Testimonials

Please visit our Testimonials page to see what our clients say about us and the assistance we have provided to them during a very challenging, stressful and traumatic time.