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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Car crash wasn’t my fault but I need a lawyer?

96 replies

EeyoreBore · 12/07/2022 14:23

Name change because this is really identifying

Last year a school bus crashed into me. I was stationary with the handbrake on, she hit my rear drivers side. I have a dash cam which shows her driving at me, the shake of the bump and my (very unimpressed) reaction as she drove off. She only drove a few feet down the road and stopped so I got photos of the driver and license plate. She flatly denied hitting me and said she knew the person behind who would ‘back her up’. The damage to my car was over two panels and took several weeks to fix due to covid staff shortages.

my insurance were amazing, replaced car seats, arranged a curtesy car to be dropped at the house before the car was taken to be fixed, really great. About six months ago I got a letter from them saying the woman was still denying hitting me, but due to the damage (which they said was clearly done by someone hitting me, not the other way around) they would waive all fees and the claim was sorted. Not the outcome I wanted, but at least it was sorted.

then earlier this year I got a letter from the car hire asking for more details, diagrams, descriptions etc. I sent them all in and called to see what was happening but they said not to worry. Today I’ve received a letter from the car hire saying that her insurance is refusing to pay, and they need my lawyer details for the legal proceedings. I’m terrified. She hit me, I was stationary and couldn’t have avoided it. She’s lying, plain and simple. But I’m a single parent with no spare money at all, I can’t afford a lawyer never mind court fees? What the hell do I do? Has anyone been through this? Is it likely to cost me a fortune? I’m so angry about it all, she’s off driving kids around and I’m stuck scared shitless that this will bankrupt me. What can I do?

OP posts:
Blossomtoes · 12/07/2022 14:26

Today I’ve received a letter from the car hire saying that her insurance is refusing to pay, and they need my lawyer details for the legal proceedings.

Refer them back to your insurance company and forget all about it.

StinkyKid · 12/07/2022 14:26

Check if you have legal cover on your motor insurance. You
may well do.

PutinIsAWarCriminal · 12/07/2022 14:27

Do you have legal cover in your insurance?

Dinoteeth · 12/07/2022 14:28

Speak with your insurance company

Original poster
EeyoreBore · 12/07/2022 14:29

I have no idea if I have legal cover, I changed cars since then, how can I check if I don’t have it anymore?

@Blossomtoes can I do that? That would be amazing!

OP posts:
Devastatedyetagain · 12/07/2022 14:30

Firstly, don't panic. They will be trying to get their money back. Give them a ring and explain you don't have a lawyer. If need be speak to your insurance company as well.

Sarahcoggles · 12/07/2022 14:32

I don't know why the car hire people are contacting you. Their agreement was with the insurance company.

Rickrollme · 12/07/2022 14:33

Your insurance company should provide a lawyer. Just call the company who insured you at the time. It doesn’t matter that you’re not with them now if you were covered on the date or the accident.

Tohaveandtohold · 12/07/2022 14:37

Your insurance company engaged the services of the car hire company so I don’t know why they will be coming to you directly.
Are you sure it’s not scammers pretending to be them.
Either way, just refer them to your car insurance company at the time for them to sort it out

MarshaMelrose · 12/07/2022 14:40

Any legal proceedings are dealt with by your insurance company. The courtesy car is part of your insurance package so their contract and payment comes from the insurance company not from you. Don't worry about it. I'd ring the insurance and refer the hire company to speak to them direct.

Blossomtoes · 12/07/2022 14:41

Blossomtoes can I do that? That would be amazing!

Yes, you can and should. As a pp said, their contract was with your insurance company - which has almost certainly settled the bill.

BernadetteRostankowskiWolowitz · 12/07/2022 14:41

Just refer the car hire people to your insurer. I'm not sure they should even have your contact details!

Damnautocorrect · 12/07/2022 14:43

I’ve had this, many years ago. But the same thing, it was about 2 years after the accident.
yes refer back to the insurance company. Somewhere in the hire documentation it will have said your liable if they can’t claim back the costs, however it is for your insurance company to fight. Not you.

mine got dropped by the way.

BernadetteRostankowskiWolowitz · 12/07/2022 14:44

This is such an odd situation. Your insurer would have paid for everything (Inc hire car) then recouped the costs from her insurer. Why would she have to pay your car hire herself?

Almost sounds like a scam.

MarshaMelrose · 12/07/2022 14:44

I agree it does like either a scam or the hire car co trying it on. Because why would they have been billing the other party? They were commissioned by the ops insurance so how would they know anything about denials of responsibility.

Parcel it all up, op, and forward to the insurance company. Not your problem.

Auntieobem · 12/07/2022 14:46

Not sure if all the above are correct. When I was hot by another driver the car hire company gave me an option to upgrade my courtesy car over and above what my insurers offered. They said that costs would come from other side if they were proven to be at fault. If I'd been in your situation (where looks like insurers are saying 50/50 but reimbursing you out of good will) then I'd have had to pay car hire costs.

What did you sign up to with courtesy car company?

Morechocmorechoc · 12/07/2022 14:46

Ignore it. We had similar just trying it on and trying their luck. Nothing to do with you but you could put yourself in a bad position so I would not engage at all

SchoolNightWine · 12/07/2022 14:46

Definitely refer back to your insurer at the time. Especially as they sorted the hire car for you.
I had an accident that was my fault but all sorted through insurance. A few months later I received court papers because the owner of the taxi I hit (who was not driving or even in the taxi), was suing me for a £13k personal injury claim. I passed it to my insurance company and never heard from them again.

BernadetteRostankowskiWolowitz · 12/07/2022 14:47

Why do they even care why the car was hired? They certainly don't need to be privy to the details of the crash.

Cameronnorrieisabitofalright · 12/07/2022 14:49

Wow she is a cf isn't she?

Redglitter · 12/07/2022 14:51

I got a hire car when my car was involved in an accident. It was the other driver at fault. I got offered a like for like hire car while mine was off the road but it said in the T&C that if the cost wasn't recovered from the insurance company I'd be liable for it.

My own insurance wouldn't have covered it because they offer a basic courtesy car as part of my policy. I opted for the hire car & it was all covered by the other insurers

You need to get proper advice but if you've had the same terms as I have had your insurance are unlikely to pay the hire car bill

SagaNorenLansrimMalmo · 12/07/2022 14:52

You have had a credit hire car without realising it - not a courtesy car. The hire company probably now want to bring a claim against the bus company to get their hire charges paid. I would not expect you to have to pay for a lawyer, I would expect the hire company to fund it. Call your insurer and ask them what’s going on.

do you feel able to say what the hire company is called? I may be able to confirm whether they are indeed credit hire.

MissusPongo · 12/07/2022 14:52

Don’t engage, tell them to deal with the insurance company. Give the insurance company a call and let them know what has happened.

Blossomtoes · 12/07/2022 14:53

SagaNorenLansrimMalmo · 12/07/2022 14:52

You have had a credit hire car without realising it - not a courtesy car. The hire company probably now want to bring a claim against the bus company to get their hire charges paid. I would not expect you to have to pay for a lawyer, I would expect the hire company to fund it. Call your insurer and ask them what’s going on.

do you feel able to say what the hire company is called? I may be able to confirm whether they are indeed credit hire.

This is completely wrong. Her insurance company made the contract for the hire car. They do this when a courtesy car isn’t available and they pay the bill.

SignOnTheWindow · 12/07/2022 14:58

If it helps put your mind at ease, we had a similar issue (except we didn't even have dashcam footage).
There is absolutely no need for you personally to hire a lawyer - this is the job of your insurance provider. The very most you might need to do is appear as a witness in court, though it's highly unlikely it would get that far.
In our case, as in yours I suspect, the nature of the accident and where it happened so patently marked the other side as being at fault that the case was eventually dropped. These companies like to try it on.
Do not worry for one more minute. Really!