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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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I need some help please!!!!! Last week i rented a motorhome

Customer Question

Hi, i need some help please!!!!!
Last week i rented a motorhome for a week.
Everything seemed to go really well untill i went to take it back.
On arrival i was advised that there has been a third party claim made against me.
On top of the motor home there is a TV satellite and this has apparently come off and hit another car on the M1 on the way to Cardiff, sure enough the satellite is missing, however i was not aware anything had happened and was not stopped by the driver of the other car.
I am 100% sure I had not hit it or gone under anything low enough to damage it, also on the M1 there is nothing low to hit.
The information i got from the rental company, said the other driver said " the satellite blew off and hit his car" Also i was not given any proof this really happened
When i first picked up the motorhome i walked around looking for any scratches, damage ect, when it come to checking the roof, i was give a small mirror on a stick to check the satellite and solar panel, but i was not given a chance to get up and check it was secured correctly.
As it stands at the moment they have taken my £1000 deposit,
I have travel insurance however, now when i have called them they dont cover motorhomes :(
I can not see how this could be my fault as things should not just blow off the top, it seems like a mechanical defect???
Please HElp!!!! thanks in advance, Mathew
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
HI Matthew,Firstly you are going to need proof that this vehicle suffered the damage as he suggests. I would be surprised if he is making such a thing up in light of the fact that he is so clear in what he says happened - you will need to check the terms of your agreement with the motorhome company - was the satellite secure? That would appear to be key. Happy to discuss. Please rate positive
Customer: replied 2 years ago.
Your answer is no more than common scene, Obviously i have asked for proof the other car suffered damage.
I have read the contract but it doesn't really mention the satellite and is quite complicated. how could I prove the satellite was or wasnt sucure?
Customer: replied 2 years ago.
here is a copy of the terms
Customer: replied 2 years ago.
as stated already, during the per check, they only gave my a small mirror on a stick to check, so checking to make sure it was sucure wasnt an option.
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this?
Customer: replied 2 years ago.
basically I wanting to know if I should be held responsible for the damage? to me it seems this kind of mechanical failure should fall back with the rental company? the terms and condition I have attached
Expert:  Jo C. replied 2 years ago.
I presume you were insured to drive the motorhome?
Customer: replied 2 years ago.
yes Comprehensive UK insurance is included in the rental price, but i did not take the extra cover (CWD)
Expert:  Jo C. replied 2 years ago.
You are liable to the other motorist. There is no way around that. Ultimately you were driving this vehicle and there was a defect which caused them loss. If you are the driver then it is for you to inspect the vehicle to ensure it is road worthy and presents no risk.
The question is whether or not you can recover from the rental company.
On the face of it, it would seem to be a fault with their vehicle. Unless they are arguing that you did something to this satellite to loosen it I cannot see how they could argue that it isn't their fault.
You could also look at your insurance cover to see if they would assist but normally this would be covered by CWD.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thanks Jo, What do you think the next step for me to take would be?
Expert:  Jo C. replied 2 years ago.
I think that since it is a small claims court sum it is probably worth pursuing as costs is not a huge risk.
Start off by complaining. If that gets nowhere then send them a letter before action. If that fails then sue here
www.moneyclaim.gov.uk
Customer: replied 2 years ago.
thanks jo, any idea where i could find draft letters?
Expert:  Jo C. replied 2 years ago.
Letters before action are really easy.
Just say that you believe they owe you X amount. If they do not pay within 14 days you will sue and seek costs and interest.
Customer: replied 2 years ago.
could something like this be emailed?
Expert:  Jo C. replied 2 years ago.
Yes, email is fine.
I would send it by post as well.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
hi jo, can you please look over my draft letter before i send?Dear Sir/Madam.With regard to booking reference IM13303319 and the third party claim with the alleged incident involving a tv satellite "blowing off and hitting another vehicle"I now request the following information and evidence.Firstly I require evidence this incident took place, as we were not stopped by the other driver and were unaware any incident took place, i.e photos of the damage to the other vehicle. photos of the actual satellite. Time and place of incident Also the name and contact details of the other driver.Secondly I require photos of the damage to the roof of the "Just Go" motorhome showing the damage where the satellite was mounted.I require this information immediately so I have my engineer and legal team act further.My position firmly stands I am not a fault and hold "just Go Rentals" 100% reasonable for supplying and renting a defective vehicle resulting in damage to another motorist. I cannot see how "Just Go" can argue this isn't there reasonability.During the pre inspection I was not given the opportunity to fully inspect the motorhome, I was only give a small mirror on a stick to check the satellite and solar panel were "present", but not to check if they were secure and fit for purpose.With regard the the 1000GBP taken from me, I want this money returned to me within 14days or I will sue and seek costs and interest.Regards ***** *****
Expert:  Jo C. replied 1 year ago.
There isn't anything incriminatory in that but my own personal preference would have been to say no more than that you believe they are liable for these reasons and that if they don't refund you will sue.