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  • #1

    Can't recover costs from other party!!

    Hi, me again.
    This is a new one on me. Back in 2005 I was involved in a minor car accident. Some guy basically hit the back of my car whilst I was stationary in traffic. He admitted liability at the scene saying "Sorry, I didn't realise traffic had stopped".
    I had a few days off work with a sore neck, my car went in for repair and I had the use of a replacement vehicle for a couple of weeks.
    Now I have received a letter from Elephant.co.uk Legal Expenses Unit saying that they have been unsuccessful in recovering the repair costs and credit hire charges from the third party!! It goes on to say "We are now looking to you to appoint solicitors in order to instigate legal proceedings to recover these charges"

    Apparently it was in the terms and conditions that I agreed to when entering into an agreement with Albany Vehicle Rentals when I got the replacement car. If I fail to cooperate they will seek to recover the costs from me.....to the tune of £857!

    I had fully comp insurance at the time and the other side admitted liability. I was even awarded compensation!!

    Help!!

    Mick
    Tags: action, admitted, advice, bill, car, charges, claim, claims, compensation, con, costs, court, credit, daily, dca, details, friends, insurance, insurer, insurers, job, legal, letter, liability, management, manchester, mat, paid, pay, policy, private, savings, shops, solicitor, solicitors, third party, wife
  • #2
    Re: Can't recover costs from other party!!

    You should have legal cover within your car insurance, ring and request a claim and they'll refer it. Then you use this to claim the costs etc.

    It's pretty straightforward really. Although it sounds nuts, and does seem a little bizarre what they're saying - that's why you have legal cover to fight these claims. Ring your insurer and explain that you need to utilise the legal cover to allow you to take action against those claiming these costs from you, as you'll be claiming from the 3rd party insurer. It may be that the solicitor that handled that claim never done their job properly.

    My wife was hit from behind. We got hire car etc and all costs were claimed by my insurers via the car rental/repair shops from the 3rd party. As he admitted liability it was straight forward. However, we used a private form to claim the compensation again, via our insurance - all our costs were paid back to morethan from the 3rd party insurers.
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    • #3
      Re: Can't recover costs from other party!!

      Hi
      Can anyone give me advice to pass on to my friend.
      I have not got full details of her insurance policy,it was fully comp,I think I can get the details in a couple of days time.
      Basically she caused very minor damage a door panel of a car in her work carpark. Probably would have cost a couple of hundred pounds to sort but the other party insisted she was going to claim through her insurance. The other party's car was obviously driveable and was still in use on a daily basis for weeks after this incident.
      Today my friend got a letter from a solicitor giving her 14 days to settle an invoice for Credit Hire for £1400 or face legal proceedings and additional costs. (sounds like a DCA). There was no invoice enclosed, no invoice number, just a letter saying settle this invoice.
      This lady's car was could have repaired in a couple of days.
      My friends insurance covered the repair work. Why has she been given this bill for credit hire. If the other party wished to hire a car at a cost of £1400 surely she should have checked if her insurance covered the hire of a vehicle for such a period.
      Would my friend be liable for this invoice. I have told her to write back to the solicitor and ask for the invoice and a breakdown of the charge just so that she can buy some time so she can determine if she is liable for this cost.
      Any opinions or advice welcome.

      Comment

      • #4
        Re: Can't recover costs from other party!!

        Who is the solicitor?
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Can't recover costs from other party!!

          http://www.access-legal.co.uk/legal-...ew-lu-2525.htm
          Have a look at this
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: Can't recover costs from other party!!

            Hi in 2 deep
            Thanks for the responses, the solicitor is MTA Manchester.
            I am now going to have a good read of the article on credit hire as I did not know exactly what is was.
            Thanks again
            loring

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            • #7
              Re: Can't recover costs from other party!!

              Hi everyone
              My friend got good news on this. She has contacted her insurance company and they have told her they are handling the claim and have already rejected the claim for car hire. They have requested she send the letter from MTA to them and if MTA want to go to court the insurance company will attend to that, she does would even have to appear at the court. I believe MTA are purely a claim management company in this matter. My friend was going to take £1400 from her savings account to pay MTA, glad I told her not to.
              Thanks for the help and advice.
              loring

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              • #8
                Re: Can't recover costs from other party!!

                Loring,

                That is sweet news indeed well done in getting it sorted for her as that is 1400lbs of weight off her.

                Regards

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