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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Car insurance!

26 replies

Charel2 · 05/02/2025 12:29

Our car was damaged due to an idiot speeding around a corner over the white line (country road). My daughter who was driving and insured had to swerve to avoid a collision and she was forced into a hedge. Her Dad was with her but she was obviously pretty shaken and the other driver just kept going. We have a dashcam but could not make out the reg on the other car.
So to get to the point we have insurance to cover us to rent a car for 28 days but the company is now saying they are taking the rental car back and will not honour the contract. If this happens we will have to pay over £200 to rent a car as we have to get to school/work as we live rurally. AIBU to think they can't do this? My DH is really stressed at the moment and I am so worried this is going to tip him over the edge. He usually takes things in his stride but has not been sleeping and is under a lot of pressure at work. Has anyone got any advice? Are we in our rights to just keep the car or would we then get into more problems? We should have the car for 10 more day. WWYD?

OP posts:
Eloise768 · 05/02/2025 12:31

What damage have you sustained? I struggle to see how you can have a massive amount of damage from colliding with a hedge unless your daughter was also travelling at some speed.

why have they stated they need the rental car back? Is it because you have no party to “claim” from? Who have they decided is at fault?

Chiseltip · 05/02/2025 12:45

You must return the car if asked, it could be considered theft if you don't.

What was the reason for not honouring the contract?

YourSnugHazelTraybake · 05/02/2025 12:46

are you still waiting for yours to be repaired or have they written it off? If they've written it off then the car hire usually stops from then.

biscuitsandbooks · 05/02/2025 12:47

What reason is the insurance company giving for not honouring the rental car agreement? Is your car driveable?

barstar · 05/02/2025 12:48

Where is your car? Key information missing here. Also, the terms of your insurance will dictate the replacement vehicle, so check the policy, but absolutely do not refuse to refine the car.

biscuitsandbooks · 05/02/2025 12:48

YourSnugHazelTraybake · 05/02/2025 12:46

are you still waiting for yours to be repaired or have they written it off? If they've written it off then the car hire usually stops from then.

Yep. When my car was written off a few years ago, I only had the rental car for about 48 hours. As soon as my car was declared a write off, I had to hand it back and sort out a temporary hire myself until I could get a new vehicle.

RitaFromTheRanch · 05/02/2025 12:55

What reason have they given?

MinnieBalloon · 05/02/2025 12:57

Of course you are not within your rights to keep the car if they’ve said they want it back Confused That would be theft.

Dotjones · 05/02/2025 13:24

I suspect it's a maximum of 28 days with the hire car rather than a guarantee of 28 days. Meaning they can withdraw it sooner than 28 days if there's a legitimate cause like the insured car is written off. The 28 days figure is the longest you could have possibly had the car, after that time they would have the right to withdraw it even if they hadn't resolved your case.

Original poster
Charel2 · 05/02/2025 15:10

Eloise768 · 05/02/2025 12:31

What damage have you sustained? I struggle to see how you can have a massive amount of damage from colliding with a hedge unless your daughter was also travelling at some speed.

why have they stated they need the rental car back? Is it because you have no party to “claim” from? Who have they decided is at fault?

My daughter was not travelling at speed, my DH was with her. It was a very big hedge/ditch and the damage was enough to warrant them to write off the car as the damage extended to the wheel rim and chassis as well.
It's obvious we have no one to 'claim' from as the guy in question just continued driving. He slowed down but then continued on his way as he obviously realised he was driving recklessly.
The rental car is going back as the insurance has paid out but our new car won't be ready for a while. We have spoken to a solicitor who has reassured us that the insurance will have to cover any car we rent as the contract stipulates 28 days.

OP posts:
biscuitsandbooks · 05/02/2025 15:13

Charel2 · 05/02/2025 15:10

My daughter was not travelling at speed, my DH was with her. It was a very big hedge/ditch and the damage was enough to warrant them to write off the car as the damage extended to the wheel rim and chassis as well.
It's obvious we have no one to 'claim' from as the guy in question just continued driving. He slowed down but then continued on his way as he obviously realised he was driving recklessly.
The rental car is going back as the insurance has paid out but our new car won't be ready for a while. We have spoken to a solicitor who has reassured us that the insurance will have to cover any car we rent as the contract stipulates 28 days.

Show quote history

I'm not sure your solicitor is correct here.

The "28 days" normally means that you'll be able to keep the hire car for a maximum of 28 days while your own car is assessed and repaired, or written off. Once it's written off, they won't keep paying for a hire car as your insurance contract will come to an end once the car is scrapped.

Original poster
Charel2 · 05/02/2025 15:13

We are just frustrated with the situation and of course we are going to return the car, we have no intention of keeping it! I was just looking for any shared experiences, that's all.

OP posts:
Biker47 · 05/02/2025 15:27

It's not the insurance companies fault if your replacement car is ready or not, once they've paid out they've fulfilled their contract, I'd be surprised to see any insurance company continue to provide a hire car after settlement.

Eloise768 · 05/02/2025 15:50

Charel2 · 05/02/2025 15:10

My daughter was not travelling at speed, my DH was with her. It was a very big hedge/ditch and the damage was enough to warrant them to write off the car as the damage extended to the wheel rim and chassis as well.
It's obvious we have no one to 'claim' from as the guy in question just continued driving. He slowed down but then continued on his way as he obviously realised he was driving recklessly.
The rental car is going back as the insurance has paid out but our new car won't be ready for a while. We have spoken to a solicitor who has reassured us that the insurance will have to cover any car we rent as the contract stipulates 28 days.

Show quote history

I thought you were awaiting on a repair, hence the questions. If the car has been written off the hire car will stop as they have fulfilled their end.

RitaFromTheRanch · 06/02/2025 09:54

Once they decide to write it off it's up to you to sort a new car. That's standard.

biscuitsandbooks · 06/02/2025 10:21

Charel2 · 05/02/2025 15:13

We are just frustrated with the situation and of course we are going to return the car, we have no intention of keeping it! I was just looking for any shared experiences, that's all.

I totally get it's frustrating but it's totally normal for the hire car agreement to end as soon as your car is written off, unfortunately.

You can get insurance to cover the gap but obviously it's a bit late for that now.

barstar · 06/02/2025 10:37

The rental car is going back as the insurance has paid out but our new car won't be ready for a while. We have spoken to a solicitor who has reassured us that the insurance will have to cover any car we rent as the contract stipulates 28 days.

That's if the car is being repaired. If you have already had a pay out for a car written off then it's case closed.

HotCrossBunplease · 06/02/2025 10:41

biscuitsandbooks · 05/02/2025 15:13

I'm not sure your solicitor is correct here.

The "28 days" normally means that you'll be able to keep the hire car for a maximum of 28 days while your own car is assessed and repaired, or written off. Once it's written off, they won't keep paying for a hire car as your insurance contract will come to an end once the car is scrapped.

Show quote history

Surely the solicitor has read the actual contract/policy document? They would be seriously negligent if they had missed the wording that you assume to be in there.

ACynicalDad · 06/02/2025 10:48

It's your choice to have bought a car that wasn't immediately ready. I think you need to cover this.

biscuitsandbooks · 06/02/2025 13:00

@HotCrossBunplease I haven't assumed anything - that's why I said "I'm not sure they're correct"...

As everyone else has said, it's absolutely standard for rental cars to have to be returned as soon as your car is declared a write off - I could be wrong, but I would be very surprised to learn of a company who covers you to have a rental car while you purchase a replacement!

HotCrossBunplease · 06/02/2025 13:03

biscuitsandbooks · 06/02/2025 13:00

@HotCrossBunplease I haven't assumed anything - that's why I said "I'm not sure they're correct"...

As everyone else has said, it's absolutely standard for rental cars to have to be returned as soon as your car is declared a write off - I could be wrong, but I would be very surprised to learn of a company who covers you to have a rental car while you purchase a replacement!

My point is that it is perfectly reasonable to assume that a solicitor will have read the full document. Seriously, this is very very basic stuff. OP would be very unlucky to have come across a solicitor that bad.

biscuitsandbooks · 06/02/2025 13:07

@HotCrossBunplease - I get your point, I've just never once known an insurance company to cover that kind of thing - and all other posters seem to be of the same thought process.

I've been in OP's situation and they came for the car within an hour of me getting the phone call saying my car was a write off 🤣

HotCrossBunplease · 06/02/2025 13:09

biscuitsandbooks · 06/02/2025 13:07

@HotCrossBunplease - I get your point, I've just never once known an insurance company to cover that kind of thing - and all other posters seem to be of the same thought process.

I've been in OP's situation and they came for the car within an hour of me getting the phone call saying my car was a write off 🤣

I’d have been with you if OP had not said she had taken legal advice.

Unless it turns out that the “solicitor” is actually her next door neighbour’s son Fred who is doing A level law.

Huckyfell · 06/02/2025 13:12

It will all be in the small print of the insurance documents. The next frustrating thing is your premiums will also rise.
But - remember, your daughter is still alive and in one piece, and DH. so as frustrating and awful as everything is, it could have been worse.
Insurance is getting harder and harder, really bad

barstar · 06/02/2025 13:22

I would be asking for a refund if you have paid this solicitor. Insurance companies don't provide replacement vehicles after your policy has ended, which is what happens when they pay out.