A case involving footballer Darren Bent could impact all insured car drivers in the UK who accept a replacement vehicle following a crash, Allianz Insurance is warning today. The ruling follows the case of the Aston Villa football star who had claimed over £63,000 from Allianz for the hire of an Aston Martin via a car credit company while his car was being repaired.
The case, which returned to Cambridge County Court last week, could mean that car drivers involved in an accident for which they are not liable will be responsible for finding a reasonable deal on a hire car whilst their vehicle is being repaired. The Judgment is a warning to hirers not to blindly accept a car offered following an accident as hirers carry a burden of responsibility that they must:
– make reasonable enquiries into the likely repair period
– phone several companies to obtain competitive rates
– not take age restrictions on websites at face value
– secure a hire rate to reflect the repair period.
Martin Saunders, motor and casualty claims manager at Allianz Insurance, comments: “It is important for motorists to understand that the general public may still have to pay towards the costs of a so-called ‘free’ credit hire vehicle, if they do not follow basic principles. If claimants can afford it, shop around and talk to the insurer, even if it is the insurer of the driver who caused the accident. In most cases they will be only too pleased to help and discuss solutions.
“The issue is being compounded by an increase in the number of third-party car credit hire firms renting vehicles at high costs to individuals looking for replacement vehicles. Drivers need to be vigilant or they could face the same situation as Mr. Bent.”
In the case of Darren Bent, the footballer hired an Aston Martin from Accident Exchange which charged £573.28 per day + VAT for the car. Allianz Insurance, the insurer of the liable driver in the accident, contested that this charge was unreasonable and Cambridge County Court originally ruled that the cost should be covered by Allianz Insurance. However, when the case was taken to the Court of Appeal it was ruled that Mr Bent did not go far enough in carrying out a market comparison on other cars available to hire whilst his was being repaired. The ruling has meant Bent failed to recover in excess of £20,000 of the amount claimed.
Martin Saunders concluded: “This case is important in establishing some clear guidelines when dealing with such insurance claims. We completely understand that people need mobility but accept that what might amount to a first estimate could leave some badly out of pocket.”
Source : Allianz Press Release
