If you are involved in a
road traffic accident and it was not your fault. Now you are deprived of the
use of your vehicle, but you are lucky enough that the driver’s insurer offers
to pay for a replacement vehicle.
Credit hire is a term that
is becoming popular in insurance processes. Some people won’t be aware of this
term. For those unfortunate ones, who have been involved in an accident that
deprives them of their vehicle, they may be well aware of this phrase.
If the innocent driver
involved in a car accident needs a replacement vehicle but can’t afford to pay
for the cost of hiring the other one, they may hire a Credit Hire Specialist having a detailed knowledge of current
market trends relating to credit hire and fraud within a credit hire
environment. This would involve the owner of the damaged vehicle for the
agreement for a replacement vehicle provided on credit and driver’s insurance
company is responsible for the cost to pay. Here, the recovery of the charges
is generally taken from the insurer, and the hire of the vehicle have to pay
the charges rarely.
Because the cost of credit
hire is sometimes expensive than hiring from a high street rental company,
insurers and credit hire organizations have become involved in a number of
court actions to establish what exactly is recoverable. Some of the common defenses to a credit hire action are:
Impetuosity:
A word seldom used by the
public but used daily by lawyers involved in credit hire cases. It basically
means “without money” or “penniless”. Generally, clients are referred to a
credit hire company by their insurers and do not always mention that the vehicle
is actually a hire vehicle and not a “free” vehicle under their own insurance
policy. However, the court will consider whether the Pursuer had sufficient
money to hire a vehicle using their own finances. And the type of vehicle hired
was of a higher standard than the pursuer’s own vehicle. Or the vehicle hired
was newer, and therefore better than the pursuer’s own vehicle.
Excessive Period:
For instance, the repair
period was estimated at four days but took three weeks. The pursuer is under a
duty to mitigate their loss. This would be proved by showing by logical
reasoning that any delay was out of the pursuer’s control.
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