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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:
Original poster
EeyoreBore · 12/07/2022 14:58

Thanks everyone, I feel a lot better! It’s enterprise and I called them directly last time they asked for more details so I’m pretty sure it’s not a scam

I’ll call them tomorrow and ask them to speak to the insurers

OP posts:
Redglitter · 12/07/2022 14:59

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

Not its not wrong. Courtesy cars are different to hire cars. You tend to get a courtesy car when it's your insurance thats paying - probably something basic.

When you're claiming off someone else's you're usually entitled to a hire car on the basis you get something on a par with your own car so you're not penalised while your car is off the road

Usually if your own insurers give you a hire car it'll only be til they can get you a courtesy car

Kedece2410 · 12/07/2022 15:01

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!

But that sounds more relevant to apportioning blame. The insurance company have settled that side. The OPs problem is totally different

Blossomtoes · 12/07/2022 15:02

Usually if your own insurers give you a hire car it'll only be til they can get you a courtesy car

Exactly. That’s why @EeyoreBore said 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

SagaNorenLansrimMalmo · 12/07/2022 15:03

@Blossomtoes

it isn’t completely wrong at all. I take bets it being exactly what has happened. It happens every day of the week without people realising it - and people’s own insurers put them in touch with accident management companies or credit hire companies without making it clear that’s what they’ve done. And the individual- like OP - think they’ve had a courtesy car from their insurer, and they haven’t - they’ve signed a legally binding agreement with a hire company.

Blossomtoes · 12/07/2022 15:06

My insurers supplied me with a hire car because no courtesy car was available. Like @EeyoreBore it was delivered to the house and I never even saw a contract, let alone signed one. The insurance company did the lot.

Redglitter · 12/07/2022 15:07

Exactly. That’s why @EeyoreBore said 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

But its probably not been a courtesy car. Its been a hire car replacement. The 2 things are very very different

In my experience a car being dropped off before the car is taken for repair will be a hire car.

When I had a hire car it was dropped off 2 days before my car was picked up. The time I had a courtesy car it was from the repairers and I got it when they took my car in.

It sounds like unfortunately the OP has misunderstood what she's been given

Redglitter · 12/07/2022 15:09

@Blossomtoes who's fault was your accident

Blossomtoes · 12/07/2022 15:17

Redglitter · 12/07/2022 15:09

@Blossomtoes who's fault was your accident

The other driver’s. Not that it’s of any relevance.

But its probably not been a courtesy car. Its been a hire car replacement. The 2 things are very very different

They’re really not.

Redglitter · 12/07/2022 15:30

The other driver’s. Not that it’s of any relevance

Its very very relevant. As I mentioned previously if youre not at fault and claiming the other persons insurer you'll be entitled to a like for like car. That's usually from a hire company. That's at the expense of the other parties insurance but your own insurance won't cover it for you

It it's your fault you'll likely get a basic car from the repairers. Its usually basic to keep the costs down to your insurer

They’re really not

But they are 🙄

Can you tell I've been involved in a couple of accidents in my time 🤦🏻‍♀️

gobbynorthernbird · 12/07/2022 15:34

SagaNorenLansrimMalmo · 12/07/2022 15:03

@Blossomtoes

it isn’t completely wrong at all. I take bets it being exactly what has happened. It happens every day of the week without people realising it - and people’s own insurers put them in touch with accident management companies or credit hire companies without making it clear that’s what they’ve done. And the individual- like OP - think they’ve had a courtesy car from their insurer, and they haven’t - they’ve signed a legally binding agreement with a hire company.

Absolutely. The amount of clients we have who don't realise that they've signed a credit hire agreement is unreal.

Enterprise are a hire company, they don't provide courtesy cars.

gobbynorthernbird · 12/07/2022 15:36

OP, do you still have the dashcam? It would be very useful at this stage.

SagaNorenLansrimMalmo · 12/07/2022 15:39

Whether or not it was a fault accident makes all the difference in the world @Blossomtoes - if the other side is a fault, insurers virtually never produce a courtesy car - because they know they’ll be able to recover from the other side.

MrsRobinsonsHandprints · 12/07/2022 15:40

Why is it the woman that is refusing to admit and not her employer?

Hadalifeonce · 12/07/2022 15:43

My sister had something similar, she had sent loads of paperwork to this company, then they asked for her bank statement.
She was asking me why they might need her bank statement. I told her to send them nothing further, and just tell them to contact her insurance company.
She never heard anything more about it.

Blossomtoes · 12/07/2022 15:49

SagaNorenLansrimMalmo · 12/07/2022 15:39

Whether or not it was a fault accident makes all the difference in the world @Blossomtoes - if the other side is a fault, insurers virtually never produce a courtesy car - because they know they’ll be able to recover from the other side.

They didn’t provide a courtesy car because there wasn’t one available. My policy entitles me to a courtesy car. Therefore the insurance company hired me a car. Why are you so insistent that I must be wrong? Surely I know more about it than you do? 🙄

Original poster
EeyoreBore · 12/07/2022 15:56

I think I’m even more confused now 😁 I’ll speak to enterprise tomorrow and see what’s happening. Thanks for the help everyone

@MrsRobinsonsHandprints from what I can tell locally, her husband owns the company (it’s a small local school bus company). I’ve had a look at the letter and it says ‘the other driver’s insurance’ so it’s just my bad paraphrasing

OP posts:
Blossomtoes · 12/07/2022 15:58

Please don’t get into any discussion with Enterprise. Send it all to your insurers and let them deal with it.

SagaNorenLansrimMalmo · 12/07/2022 16:01

Are you a name change fail @Blossomtoes ? And really the OP? Because I am answering her scenario, which in my (considerable) experience sounds like she’s had a credit hire car. Why would you know better about the OP’s case?

SagaNorenLansrimMalmo · 12/07/2022 16:02

And @EeyoreBore please do NOT ignore them - that is absolutely the last thing you should do. It is really really bad advice.

Blossomtoes · 12/07/2022 16:06

SagaNorenLansrimMalmo · 12/07/2022 16:01

Are you a name change fail @Blossomtoes ? And really the OP? Because I am answering her scenario, which in my (considerable) experience sounds like she’s had a credit hire car. Why would you know better about the OP’s case?

Because I’ve had a hire car as a courtesy car too. If the insurance company arranged it Enterprise’s contract is with them.

And, no I haven’t changed my user name for ages - it’s probably time I did.

user1471457354 · 12/07/2022 16:08

I'm not sure if this is helpful but when I had a car and was in an accident my insurance basically told me that if I took a curtesy car until my car was either fixed or replaced and that if I was to be found at fault or 50/50, I would be liable for the cost of hire car so didn't take it in the end but to clarify it was the other driver who was at fault but I couldn't take the risk

CharlotteOH · 12/07/2022 16:09

My friend was injured in an accident and couldn’t walk for months. The driver who hit her hired lawyers. The lawyers harassed my friend’s lawyer and said that they had seen her running down the street (total lie). There are some shitty shitty people in the world. Looks to me like the car hire company are trying to rip you off. Tell the car hire company their contract was with the insurer not with you and to talk to your then insurer.

Do so in writing.

Original poster
EeyoreBore · 12/07/2022 16:10

@SagaNorenLansrimMalmo no name change fail here, two separate people 😁

@user1471457354 they didn’t tell me anything like that, I signed something when I took the car but I didn’t keep it because it was over a year ago and the insurance said it was sorted

OP posts:
user1471457354 · 12/07/2022 16:13

You could ask the insurer for a subject access request which should include any documents you signed which might give you some more info on the t&Cs

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