The claimant hired a car whilst his own, damaged by the defendant, was being repaired. His insurer sought to recover the cost from the other driver. The insurer had first arranged te hire with one company, but then another provided a finacial reward to switch to it. The policy provided that a second insurance company would cover legal expenses and arrange the hire of a replacement vehicle (all as a provision of the original insurance to which the 1974 Act would not apply). The defendant said this arrangement was ineffective in law, since the claimant himself was not liable for the cost of the hire.
Held: The defendant’s argument failed. Mr Bee was entitled to recover the reasonable cost of hire even though, having been fully indemnified, he would hold that sum for the benefit of DAS.
Tuckey LJ, Longmore LJ, Sir Paul Kennedy
[2007] EWCA Civ 923, Times 17-Oct-2008, [2007] 4 All ER 791
Bailii
England and Wales
Citing:
Cited – Giles v Thompson, Devlin v Baslington (Conjoined Appeals) HL 1-Jun-1993
Car hire companies who pursued actions in motorists’ names to recover the costs of hiring a replacement vehicle after an accident, from negligent drivers, were not acting in a champertous and unlawful manner. Lord Mustill said: ‘there exists in . .
Cited – Bradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
Cited – Dimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
Cited – Lagden v O’Connor HL 4-Dec-2003
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . .
Cited – Alexander v Rolls Royce Ltd CA 1996
The claimant was not entitled to damages for loss of enjoyment in the use of his Rolls Royce whilst it was off the road after an accident. . .
Cited – Brown v Davis and Galbraith 1972
The garage, had negotiated with the insurers and entered into a written agreement with them on their printed forms to repair cars of the insured clients. When the insurer failed, they sought to recover payment from the car owners.
Held: The . .
Cited – Adams v London Motor Builders 1921
A plaintiff whose claim was being supported and paid for by a trade union was nevertheless liable to the solicitor instructed by the Union for that solicitor’s costs. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.259316
