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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, My wife is currently being pursued for 3rd party damages

Resolved Question:

Hi,
My wife is currently being pursued for 3rd party damages after an accident in a car that she hired from a hire car company. The agreement she took out with the hire company shows that she was travelling on the hire company's insurance .
The incident occurred in August last year and she filled out all the forms that the hire company requested which included a statement of the event. She was then asked to pay an excess payment towards the insurance policy of £1000 which she did.
Since then she heard nothing further with regard to this until she received a letter date 9 September this year informing her that a claims company is now requesting she pay for the outlay of the other car involved. Is this legal?
Regards
Joe
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello Joe my name is ***** ***** I will help you with this.
Alex Watts : Has she passed the claim form to the insurers please?
Customer: Hi Alex .
Customer: She filled a form for the hire company which included a statement. This was all left with the hire company along with the excess payment.
Alex Watts : Ok. Has she received a claim form?
Customer: This was supposed to be dealt with by the hire car company as it was supposed to be dealt with by their insurance.
Customer: A claim form from who?
Customer: The hire company got her to fill out a form regarding the accident this was left with the hire company
Alex Watts : Ok, so there was a form completed the hire company.
Alex Watts : You said there is a claims company asking for payment. Whose claim company?
Customer: A claims company representing the 3rd party's insurance company.
Alex Watts : Ok. Have you passed this letter onto the insurers?
Customer: Who's insurers?
Customer: I'm sorry Alex but have you actually read the question? This was being handled by the hire car company. With which my wife had a hire agreement and insurance was included with the agreement. The hire company have all the paperwork . So the answer is I don't know if the form has been given to the insurers.
Customer: as the hire company have told me that a verbal agreement is in place for both party's to repair their own cars. I would guess that this has not been done through the hire company's insurance
Customer: The answer I'm looking for Alex is this
Customer: if their was an agreement in place with the hire car company that they would insure the car during the hire period. Should or should they not be responsible for resolving this problem?
Customer: why is my wife being pursued for payment when she has already paid the excess for the hire company's insurance policy?
Alex Watts :

Ok - let me put it like this.

Alex Watts :

If your wife had insurance through the hire company then it makes no difference who is chasing

Alex Watts :

She had insurance, it is nothing to do with her.

Alex Watts :

The hire company insurance people should be sorting it out

Alex Watts :

Whatever agreement the hire company insurance come to with the third party is a matter between them

Alex Watts :

But as far as your wife should be concerned that is the end of the matter

Alex Watts :

She can not be pursued because otherwise there would be no point in having insurance

Alex Watts :

Does this answer the question for you?

Customer: Just about thank you.
Customer: what about if the hire company have not gone through their insurance? For instance what if the hire company contacted the 3rd party directly and negotiated the fix your own car agreement?
Alex Watts :

That makes no difference, that is a matter between the hire co and their insurance

Customer: i can't prove this but it does look as though this is what has happened and the third party has claimed against his own insurance which is now pursuing my wife. Where does that leave her if this was the case?
Alex Watts :

If your wife took out insurance it should be used

Customer: Thanks for that.
Alex Watts :

Can I clarify anything for you?

Customer: Hi. Alex
Alex Watts :

Hello

Customer: the claims company has been a little aggressive in pursuing my wife despite being given all information regarding hire car company and insurance being in place. That have threatened to escalate this to legal proceedings.
Customer: where does my wife stand if they continue down this route?
Alex Watts :

They can't. There is an insurance Policy,

Alex Watts :

They should be dealing with it

Customer: The claims company advised me that the hire company had not responded. Does this effect my wife's position at all?
Alex Watts :

Thats not your wifes problem

Alex Watts :

The claim company should be dealing with the insurance company

Alex Watts :

After all the hire company took the money - so they should sort the mess out

Alex Watts :

Unless of course they took the money and didnt actually insure her

Customer: I'm sue that's ot the case . If it were the case that they did not insure her what then?
Alex Watts :

Then that is fraud and they have committed an criminal offenxe

Alex Watts :

* offence *

Alex Watts :

But they should be dealing with the matter

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