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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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I made a claim on my Insurance policy and was provided with

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Good Morning
JA: Hello. How can I help?
Customer: Good Morning
JA: Hi. How can I help?
Customer: Good Morning. I made a claim on my Insurance policy and was provided with a hire car. Whilst driving it, i suffered a flat tyre, which i could not change as the wheel locking nut was not within the car. RAC rescued me but also could not change the tyre. Eventually several hours after, a RAC pickup arrived and took the car and myself to my destination. The car hire company stated they would collect the car and that they had the wheel locking nut, however when they ended up collecting the car via a pick up truck. I informed my insurance company and they provided me with another hire car. I have now received a letter form the Car hire company via a solicitor stating that i have to pay the fee for the damage of £65 pounds as well as £169 for the pick up truck. Although i have renewed with another insurance company, i have not been able to make contact with the initial company which i believe to be closed down. could you advise?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I was thinking that the insurance company would address it as part of the initial claim and was shocked as why the company was sending me correspondences. I already had a claim running with my own car and just figured it would be dealt altogether.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Croydon
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The solicitors letter i received stated that i have until 11.06.2020 to pay the sum stated. My intention was not to pay it as they could have changed the tyre with the locking nut instead of collecting the car the via pickup. However my Wife is concern and thinks it's best i pay and finalize it. Just to add, i did try to arrange using my RAC account but was told that i could not use it twice within a certain time period.

Good morning. I will assist with your question - be aware this is an email not chat service.

who was insurer?

and when they gave you hire car did they ask you to sign anything?

Customer: replied 1 year ago.
Geoffrey's Insurance servicesI only remember signing a document when they collected the vehicle, however i was not given a copy.
Customer: replied 1 year ago.
Actually i do remember signing when given the car but again was not given a copy.

How stupid to provide a hire car without the locking wheel nut.

It depends whether you have with tyre waiver as to whether you are responsible for the tyre or not. It’s usually optional extra.

You would therefore, if you did not have that waiver, be responsible for the cost of fixing or a new tyre.

However it is not your fault that the locking wheel not was not present and I cannot see how you could be responsible for the cost of the pickup truck.

I would be inclined to tell them to get lost, and that if they felt you were responsible, take you to the Small Claims Court and you will defend the action.

However I emphasise once again that with regard to the actual damage to the tyre you may actually be liable for that under the terms of the hire agreement so you would need to check on what basis they are saying you are responsible for that.

Ask them for a copy of the terms in the hire contract which says that you are responsible for the tyre. However tell them that you are not going to pay for the recovery truck because that’s completely and utterly not your fault.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


F E Smith and 5 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.Therefore i will respond to them as you state, asking for the terms of agreement regarding the tyre.
They also mention that if i do not pay they will consider further action i.e. legal action. Would that mean small claims court as you state and would any other courts be considered.
I will also inform them of their choice to use a pickup as being their responsibility.Should my insurance company (if i manage to locate them) be involved? i have been trying to contact them but not much luck.

I can see no reason not to advise your insurance company’s I cannot see that they would be interested.

Otherwise I agree with everything you are saying.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

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Kind regards