not the usual insurance proplems

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johns90

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My wifes car was parked in the car park at work and someone hit it. She got a signed disclaimer form the driver, a photocopy of his drivers licence and a copy of the hire agreement( as he was in a hire van from scotland).
The insurance company eventually got paid for the repairs for our car after court proceedings. Now this morning we get a solicitors letter through the door explaining that the hire company at fault are now sueing us.
When we got the car repaired we waited untill we didnt have to pay the excess and we had a hire car from the drive assist company.
How the hell can we get sued for having our car damaged while it was in a car park. This all happened in june of 2010, so its getting quite stessfull now.
 
They are trying it on!

Tell them you have the evidence and a signed affidavit from their customer accepting it was his fault and that you will see them in court with a counter claim for all expenses.

They wont
 
johns90 said:
My wifes car was parked in the car park at work and someone hit it. She got a signed disclaimer form the driver, a photocopy of his drivers licence and a copy of the hire agreement( as he was in a hire van from scotland).
The insurance company eventually got paid for the repairs for our car after court proceedings. Now this morning we get a solicitors letter through the door explaining that the hire company at fault are now sueing us.
When we got the car repaired we waited untill we didnt have to pay the excess and we had a hire car from the drive assist company.
How the hell can we get sued for having our car damaged while it was in a car park. This all happened in june of 2010, so its getting quite stessfull now.
Click to expand...

Ignore it, a dickwad solicitor hoping to get you to cough up out of court.

I write letters to **** solicitors regularly for people and tie solicitors up in knots.
Solicitors don't like things that make chance of success slim.
They frighten you with big them, little you.
The company is ****ed off the driver admitted liability and is hoping a £50 letter from a solicitor will shake the monkey's out the tree.

If they keep up that **** and it starts to get to you
http://www.legislation.gov.uk/ukpga/1988/27/section/1

Write to them recorded delivery and state the matter has been dealt with by court and that any further communication could be deemed harassment.

also read the crock of **** sticky in general section, consumer direct worth a chat.
 
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links been cack since it redirects

www.legislation.go.uk

Malicious Communications Act 1988

http://www.legislation.gov.uk/ukpga/1988/27/section/1

1 Offence of sending letters etc. with intent to cause distress or anxiety.

A handy piece of legislation that can be used against companies and individuals.

Also my favourite Bills of Exchange Act 1882
61


Investor Words defines Bills of Exchange as an unconditional order issued by a person or business which directs the recipient to pay a fixed sum of money to a third party at a future date. The future date may be either fixed or negotiable. A bill of exchange must be in writing, signed and dated. It is also called a draft.

The bills of exchange provide a method for the provision of credit, i.e. a loan. But it is more than that. The Bill is negotiable during its life and it can be passed by one person to another as a medium of exchange, effectively serving the purpose of money.

Apart from this, at each stage that the Bill is passed on, the person who sells it guarantees the buyer against default on the loan. Thus, a bill of exchange is a kind of check or promissory note without interest and it is used primarily in international trade. If the bill of exchange is drawn on a bank, it is called a bank draft. If it is drawn on another party, it is called a trade draft.

There are three parties involved in the bills of exchange - the drawer, the drawee and the beneficiary. A drawer is a person who makes or issues the bill of exchange and facilitates the drawee to pay the bill. A drawee is the person who promises to pay the money on a certain specific date.

In Britain, a bill of exchange is defined by the Bills of Exchange Act 1882 as an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a certain sum in money to or to the order of a specified person, or to the bearer.

It is very much possible that you have the bills of exchange and for some or the other reason, your bills of exchange get bound, it is indeed a situation of great difficulty
Hope you can get exact idea about Bills of Exchange.
Click to expand...
 
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What does the "disclaimer"say ?
The hire compnay solicitors almost certainly haven`t seen it and don`t know it exists, which is why you have what is almost certainly a stabdard letter before action.
If the discliamer is a full admission of liability, unambiguous and clear, then you should send a copy of it to the Solicitors with a covering letter which is short and simple. Don`t call it a disclaimer in the letter, it is an admission of liability ( a disclaimer is the opposite, and it definitely isn`t an affidavit unless it was sworn in front of a passing lawyer). In that letter make sure you explicitly reserve your rights generally, including but not limited to the right to claim full reimbursement of costs.
If it is not clear then you might need some more help - check your car and home insurance and the membership of any motoring organisation to which you belong to see if they operate a legal advice scheme. Even if not the worst case is that there is a Court hearing which sounds, on the very limited information available, as if it will turn entirely on who is believed on the day, and even a less than perfect "disclaimer" should be pretty good evidence of an admission of liability.
How do Drive Assist recover their costs from the third party - have you spoken to them to see if the hire company insurer has reimbursed them ? Kind of difficult to argue its not their drivers fault if they have
The best suggestion I can make is to keep things simple, and take it step by step.
 
Thanks for all the advice. The letter/disclaimer clearly states the drivers name and all the damage caused( 2 cars with reg numbers and damage to car park wall and entrance gate).In it he clearly says it was his fault.( Wife was really on the ball that day) We have since been in touch with the solicitor who sent the letter and they sound abit in the dark with the case and are going to phone us back this week sometime. The wife and I think the solicitors are supposed to be in conntact with drive assist about a form N510. Hopefully this is a communeicaton problem and nothing more sinister.
 
you need to be really careful with Drive Assist, they are nothing but a bunch of scamming cocks.

It may be drive assist trying to claim the cost of the hire car from you, as the third party insurers are refusing.

Recently my colleague had a total not at fault accident, another car failed to give way at a crossroads and my colleague t-boned him, wrote both his van and the other car off in a big way.

Rang his insurance company, van recovered to their storage facility. Next thing, Drive Assist on the phone offering to deliver a courtesy vehicle. Went through it all on the phone, explained it needed to be a van because of work etc. 1/2 hour later, phone goes again, can't do a van, how about an estate. Once again explained need for van because of work, but accept estate car is the best they can do.

2 hours later, they turn up with a bmw 1 series, brand new. No use for what we do, but better than no vehicle.

Claim all settled, total loss, all over. 2 months later, letter from Drive Assist claiming money for hire of the bmw. Quick phone call, they state that my colleague had signed a form acknowledging that he would pay for Drive Assists costs and so, which was not the case.

Request copies of the form etc, they had lifted his signature electronically from the delivery drivers pda and added it to the forms, which he hadn't been given a copy of. Drive Assist insisted that my colleague would have been given a copy, until his solicitor pointed out that he would have not signed the form stating "I agree that the vehicle I have been provided with is a like for like replacement for my damaged vehicle" as a 1 series bmw was clearly not a like for like replacement for a combo van.

tread carefully...
 
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