n/a - Refusing to pay repair costs - now taken to court - jeff80

I own a vehicle delivery company and in 2019 one of my drivers was delivering a brand new van to a hire van company when he unfortunately reversed into another van whilst parking up at their compound, causing minor damage to both vans.

Having looked at the photos of the damage I estimated both vans would cost roughly £300 to £500 to repair each - so £600 to £1000 in total.

I spoke to someone at the hire van company and told them I would need them to send me an estimate before going ahead with the repair work. The reason for this is twofold: 1) To make sure that we weren't being ripped off, and 2) If it was to turn into an insurance claim, (our insurance excess is £1000 so I wasn't expecting to make an insurance claim for this), our insurers need to see an estimate before giving the go ahead for the repairs. If the insurers were to think the estimate was too high they would then send an engineer to assess the damage before either accepting or challenging the estimate.

Unfortunately the hire van company completely ignored my request to send an estimate and a couple of months later we received a bill for around £5000 (around 5 times more than I was expecting!)

I told them that as they had not followed correct procedure, we wouldn't be paying the repair costs. In some of the correspondence they have actually addressed us a "The hirer of the vehicles". I assume anyone renting from them would have signed a contract to say they would cover all repair costs but, as we weren't renting from (we were delivering a vehicle to them on behalf of a customer of ours) this does not apply to us.

They have been chasing us for the money ever since and the case has now progressed to County Court.

A couple of month back, just out of interest, I sent the photos of the damage to a repairer we have used a few times before. His reply, without knowing the repair work had already been carried out (he just thought I was asking for a quote on repairs that had only recently been damaged) was £300 for one van plus £200 for the other = £500 in total!

There is obviously a massive discretion in the £5000 they are trying to charge us and the £500 I was quoted so my question is - how do I stand legally on this considering they completely ignored my request for an estimate before commencing the repair work? Unfortunately, whilst I normally put absolutely everything down in writing, on this occasion, I requested the estimate over the phone and not through writing - which I fear may be my downfall! However, my argument would then be what's stopping them from going even more extreme and sending us a bill for £50,000 for example? Surely there's some law in place whereby an insurance company has to see an estimate first?

Any advice would very much be appreciated.

Ps. I haven't even informed my insurers about this yet because essentially I've just been telling the hire van company to go away when they've chasing me for payment. I also do not want to have a £5000 claim on my companies insurance history that should have only cost £500!

n/a - Refusing to pay repair costs - now taken to court - Andrew-T

At the very least you should have been kept informed, as one of the main three parties.

Tell them they have added a spurious zero to their claim.

n/a - Refusing to pay repair costs - now taken to court - daveyjp
As it’s progressed to court you need to either negotiate to get them to drop the case or tear apart their witness statement with your own facts and let the judge decide.

£5k may not be mad if they have been unable to hire out the van whilst it is damaged. Their witness statement will provide full particulars of claim which you can dispute.
n/a - Refusing to pay repair costs - now taken to court - Andrew-T
£5k may not be mad if they have been unable to hire out the van whilst it is damaged. Their witness statement will provide full particulars of claim which you can dispute.

It may not be mad, but it is underhand to expect another party to pay for their negligence in not keeping him informed.

n/a - Refusing to pay repair costs - now taken to court - Adampr

It will really boil down to two things, both of which are based on 'reasonableness'.

1. Is it reasonable for you to pay for the damage to the vehicles?

2. Is it reasonable for the cost to be £5,000?

It seems the answer to 1 is yes and 2 is probably no. I suggest asking them for the bodyshop receipts and details of any additional charges.

I would try to settle out of court, you don't want a judgement against you ideally.

You might well feel that it's not reasonable for them to go ahead and order the work, but the only issue is the scale of the cost, not whether you're responsible for the cost. Write them a letter, stating that it is without prejudice, requesting the true costs so that you can consider a settlement.

n/a - Refusing to pay repair costs - now taken to court - Falkirk Bairn

Hire car damage charges was a big thing in US a few years ago.

Charging for scratches, dings etc and the "repair work" was not done - repeat daily/weekly and the $$$ mount up. Just before the car is being sold the hire company would fix the "damage" with smart repairs at a fraction of the money they collected.

Bigger Damage

Damaged hire car estimate the repairer for say $1,000 and customer's CC was debited with this amount - repairer invoice sent to the hire customer as proof.

The repairer had a contract with the hire car company and refunded 40/50% of the invoice values for all the work they did.

Court cases - huge fines and fraud charges against hire car companies & repairers

n/a - Refusing to pay repair costs - now taken to court - Gibbo_Wirral

Playing devil's advocate here, you are basing a lot on photos.

Someone ran into the back of my car some years ago. At first glance it looked like just a broken bumper.

But when it was inspected properly the whole boot floor was crumped and the car was written off.

n/a - Refusing to pay repair costs - now taken to court - Dave N
This is why its often easier just to exchange insurance details, and leave it to them to sort it out. Yes, it may cost more than your own ‘estimate’ from photos, but it saves the hassle.
n/a - Refusing to pay repair costs - now taken to court - gordonbennet
So, your employed driver at sole undisputed fault so you're in the frame for damage.

Its not the damage as such its the time off the road, waiting for parts and bodyshop time when both vehicles should be out on hire earning money, you're also in the frame for that downtime.

Your only hope as i see it is if you can prove that said vehicles were in fact out on hire when they were supposed to be waiting for parts or bodyshop space.