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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning i hired a car last week. Parked it up and

Resolved Question:

Good morning
i hired a car last week. Parked it up and on my return it had rolled down the hill. The police and a local neighbour were there when i returned as no one knew who's car it was. The handbrake was fully deployed it had crashed into a salt bin thats why it stopped half way down the hill.
The police gave me an incident number told me not to worry and the local person who found the car gave the police his contact details in case a witness statement was needed as he was the first to find the car he had chased it down the hill . He tried to open the door as he thought the handbrake was left off. He was amazed when he realised it was fully on.
however the car hire company have told me that i am responsible for the damage and have charged me a thousand pounds . They towed the car back to their depot and i have had a letter from a loss adjustor asking me do I want to get an independent report on the vehicle. I am not sure what i should now do . The car was taken back to the car hire depot which they share with a crash repair garage, which i am not happy about as they could have easily repaired anything before it was checked by the their independent mechanic.as the car has been there for over a week.
the witness who found the car verified that the handbrake was on. what should i do now? the loss adjustor say as eneterprise have a report to say that the handbrake is fine they will find me liable regardless of the witness statement.
The crash happened on a tuesday and the car was taken to enterprise who are sited inside the repair garage . The loss adjustor didnt ring me until a few days later to tell me that i could get an independent report. I had no idea. I spoke to the en terprise manager and asked him if i had had the car for a few days before his engineer had seen it would he be happy that i had not touched the car and he said no. Yet the loss adjustor and enterprise think that its okay for them to have had it. surely if the was a possibilty of a question over liability it should have gone somewhere else not to the depot that are sited in a repair garage ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Were you insured? Has the car been looked at by an Indepednent engineer?
Customer: replied 1 year ago.
yes i was insured . enterprise made me take their insurance out with a 1000 excess which they have already taken off me. the car has been looked at by an engineer from enterprise who they assure me is independent. They didnt instruct him till a few days after the accident and will send their report in to the loss adjustor. However as they had the car for a day or two before the mechanic came out to see it. They have now had the car for 10 days and it is parked in the repair garage they operate out of . im not sure how much point there is in getting another report as i dont know what they have been doing with the car for the last ten days .
Expert:  Ash replied 1 year ago.
But the engineer report says there is nothing wrong, or the handbrake is faulty?
Customer: replied 1 year ago.
the engineer enterprise had round to look at it says the handbrake is fine. yet when it was parked it was up as full as possible. you couldn't physically pull the brake up anymore.
Expert:  Ash replied 1 year ago.
Ok - have they done any hill roll tests?
Customer: replied 1 year ago.
enterprise had the car tested but obviously they wont let me see the report they will just send it to the loss adjusters . i have no idea what they did to test it .
Expert:  Ash replied 1 year ago.
Ok - you need to have an independent engineer look it and complete these roll tests. That will see whether or not there is a fault.If there is then you are not liable. If there is no fault then you are not liable.As for the £1000 you can claim that back You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
the only problem is that they have had the car in their depot which is a repair garage for 10 days . so i cant really be sure that they have not done anything to it in that period of time
Expert:  Ash replied 1 year ago.
But an engineer would be able to tell if it had been adjusted. In any event even if it did go to Court they would need to show that it wasnt defective.
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
yes
Expert:  Ash replied 1 year ago.
Great, if I could ask you to rate my answer before you go please, otherwise the site doesnt credit me for the time spent with you.
Expert:  Ash replied 1 year ago.
Thanks in advance. Alex
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