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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 27220
Experience:  Senior Partner at Berkson Wallace
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I'm in the process of claiming for damages with my insurance

Customer Question

Hi, I'm in the process of claiming for damages with my insurance company for a rental car, which was damaged whilst on holiday due to an accident that wasn't my fault. The hire company has taken payment but not supplied a receipt of payment, so I have nothing to send to my insurance company to support the claim. I have emailed the supplier multiple times to request a receipt and phoned them- but they are not co-operating. I have also received an email from them stating we are entitled to a full refund of the hire amount, which I have requested they return to us- but they haven't. I'm really not sure what to do now. Thank you
JA: Where are you? It matters because laws vary by location.
Customer: We live in the UK, but travelled to the US where we hired a rental car.
JA: What steps have you taken so far?
Customer: None legally
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That the insurance claim needs to be completed by friday this week for the claim to be valid. Thank you
Submitted: 6 days ago.
Category: Law
Expert:  Stuart J replied 6 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 6 days ago.

In which country was the accident?

was this a company rental?

did you have holiday insurance?

and what are you trying to claim for please

Customer: replied 6 days ago.
Accident was in USA
No not a company rental
We had separate car insurance with a company called discover cars although we did have holiday insurance too
We’re claiming for the damages sustained to the vehicle which the supplier has invoiced us for
Thank you!
Expert:  Stuart J replied 6 days ago.

Presumably you didn’t pay cash so you would have a statement showing the money going out to that company and that should be sufficient for the insurer in the circumstances you explained that the hired car company is simply not replying.

Customer: replied 6 days ago.
Is there anything I can do in regards ***** ***** the hire company to refund us the amount they have stated they will refund us? Thank you
Expert:  Stuart J replied 6 days ago.

It is impractical to sue the hire company in the states but if you paid by credit card you could file a section 75 Consumer Credit Act claim in the UK.

Section 75 of the Consumer Credit Act put liability onto a finance company or credit card company along with the merchant. That is provided the transaction is over GBP100 and under GBP30,000. It doesn’t apply in respect of debit card purchases or direct transfer purchases.

Even if part of the purchase price, such as just the deposit, is paid by card or on finance, then the whole transaction is covered by section 75. The majority of finance companies will not want to be taken to court and they will put pressure on the merchant to deal with this.

The majority of finance companies will not want to be bothered and can actually take money back from the merchant to cover any claim that a consumer may bring.

Meanwhile, if you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart