Solutions for Defending Credit Hire Claims
Credit Hire claims for hiring an alternative vehicle after a non-fault accident continue to affect claims ratios in the motor industry.
Despite numerous court hearings and legal decisions, (the most famous cases being Dimond v Lovell, House of Lords  (occasionally referenced incorrectly as Diamond v Lovell), Clark v. Ardington  EWCA Civ 510 and Lagden v. O'Connor  UKHL 64) disputes between insurers and the credit hire operators continue. These disputes also continue against the backdrop of the introduction by the Association of British Insurers of the General Terms of Agreement (GTA) and the fixed hire charges for each category of vehicle provided on a credit hire basis.
Where it is established that the Claimant was not impecunious, then the normal arguments, from the insurers point of view, centre around the need for the Claimant to hire the vehicle they did, the length of the hire period and the cost of hiring a suitable alternative vehicle.
Although Geoden Agency may not be able to assist insurers defending credit hire claims with the points of need and also frequently the issue of the length of hire, we can often help with the question of the cost of hiring an alternative vehicle.
Our agents are experienced at researching spot hire rates for alternative vehicles from high-street firms and those local to the Claimant. We have contacted local hire firms across the country researching rates for all manner of vehicles from family cars, to large HGV trucks, including prestige cars, supercars, motorcycles, vans and other commercial vehicles. The results of the investigations are presented in the form of a letter, report or more usually a CPR compliant statement according to our client's needs and requirements.
Should the case then proceed through litigation and to a court hearing, the agent who carried out the research will appear as a lay-witness in court. This can add more weight to the Defendant's case, as their evidence can be tested through cross examination. The agents used are all experience at appearing in court as a witness and are familiar with being cross examined.
As with all of our services, our credit hire defence solutions can be fully tailored to your needs and requirements. If you are an insurer or solicitors defending credit hire claims, then please do not hesitate to contact Geoden Agency to discuss how our proven solutions can help you.