Claiming from hire company for damage

[Tony Brooks]

If you can find a suitable strong anchor point, a method of spreading the load on the anchor then I used a hydraulic car body jacking system but it still needed filler etc to finish

[Top cat]

Thanks Tony I will look into that.

 

Sorry to have hijacked the thread.

 

Tc

[Machpoint005]

We were in a collision with an Anglo Welsh hire boat on the upper Thames yesterday when it decided to cut the corner on one of the bends and came rku d the corner on the wrong side. The damage is about £100.

 

Anyone have any experience of claiming from AW?

 

We have notified them and they 'are looking into it'.

 

If you value your time, effort, general buggerance factor and nervous energy low enough, go for it.

Otherwise, take the practical view: nobody died, it's only a hundred quid, these things happen...

 

 

Take a breath and move on.

[muddywaters]

I was hit in a tunnel and pushed into a wall by a hireboat on the way to Stourport, fairlead ripped off.

Hire company (now defunkt) told me to sod off as their hirer denied it happened.

 

Wish you luck,

Every hire company I have used have specifically said if you are in an accident.

Do not admit responsibility, don't even say sorry

[tommytelford]

I am surprised that nobody has pointed out that the fact that this boat was a hire boat is totally irrelevant. Your claim is against whoever was in charge of the boat at the time of the incident. It is up to the steerer to decide if they want to involve the insurance company or settle directly and avoid losing there deposit. If that person was a minor, for instance, and decides not to go to the insurance (maybe because of age or they are not covered by the policy) then you will have no choice but to sue them personally as you would if it was a car accident.

 

The hire company has no liability and are quite in their within rights not to get involved if they so choose

[Guest]

I am surprised that nobody has pointed out that the fact that this boat was a hire boat is totally irrelevant. Your claim is against whoever was in charge of the boat at the time of the incident. It is up to the steerer to decide if they want to involve the insurance company or settle directly and avoid losing there deposit. If that person was a minor, for instance, and decides not to go to the insurance (maybe because of age or they are not covered by the policy) then you will have no choice but to sue them personally as you would if it was a car accident.

 

The hire company has no liability and are quite in their within rights not to get involved if they so choose

Really?

 

Any chance of some evidence to support thet?

[Starcoaster]

My claim went directly through the hire company. All I actually saw of the steerer's name was when it was incidentally mentioned on the contract their insurers had me sign to accept their payout.

[Delta9]

 

Are they??!!

 

Got a link please, coz the only ones I could find when looking the other day still cost £hunderds!

 

Many thanks.

 

MtB

You can use your phone, just download a free dashcam app. https://play.google.com/store/apps/details?id=com.hovans.autoguard&hl=en_GB

[Guest]

My claim went directly through the hire company. All I actually saw of the steerer's name was when it was incidentally mentioned on the contract their insurers had me sign to accept their payout.

Exactly as you would expect.

 

Sometimes the rubbish spouted on here really boils my pee.....

[magpie patrick]

This...

 

 

If you value your time, effort, general buggerance factor and nervous energy low enough, go for it.

Otherwise, take the practical view: nobody died, it's only a hundred quid, these things happen...

 

 

Take a breath and move on.

[Ex- Member]

I am surprised that nobody has pointed out that the fact that this boat was a hire boat is totally irrelevant. Your claim is against whoever was in charge of the boat at the time of the incident. It is up to the steerer to decide if they want to involve the insurance company or settle directly and avoid losing there deposit. If that person was a minor, for instance, and decides not to go to the insurance (maybe because of age or they are not covered by the policy) then you will have no choice but to sue them personally as you would if it was a car accident.

 

The hire company has no liability and are quite in their within rights not to get involved if they so choose

 

Complete and utter nonsense. The claim is against the hire company. I've been through this and so have some other members. That's why hire companies take a £500+ deposit for hirers. If the hirer was liable, why would they need to do that?

 

The hire company has no liability and are quite in their within rights not to get involved if they so choose

 

 

Again you are completely wrong.

[Starcoaster]

This...

 

 

Not everyone can afford to write off £100 just like that. The hit I took damaged my (only) laptop beyond the point of economical repair, and it is only through being donated one from a very kind forumite that I was able to keep working uninterrupted and didn't lose all of my income, due to my laptop being the most essential element of my (freelance) work. Even so, the loss of the stuff I had on the laptop prior to the company paying out for hard disc recovery really put me in a mess.

I could not have earned, or afforded to live in the time it took the hire company and their insurers to mess around sorting it out and paying out, and I did not have the funds to buy a new laptop and software just like that with no notice in the interim.

The claim wasn't at all huge, but the impact and knock-on problems it caused me was quite a big deal to me.

Edited August 7, 2014 by Starcoaster

[MtB]

 

Complete and utter nonsense. The claim is against the hire company. I've been through this and so have some other members. That's why hire companies take a £500+ deposit for hirers. If the hirer was liable, why would they need to do that?

 

 

Again you are completely wrong.

 

No he isn't. The person causing the damage is liable in the first instance. If they have purchased insurance to underwrite their risk, it is up to them to make a claim. In which case their insurance company will probably chose to deal directly with you.

 

If their insurance co messes about, fails to pay up or otherwise denies the claim, the OP is fully within their rights to directly sue the person who hit them for compensation.

 

MtB

[Ex- Member]

 

No he isn't. The person causing the damage is liable in the first instance. If they have purchased insurance to underwrite their risk, it is up to them to make a claim. In which case their insurance company will probably chose to deal directly with you.

 

If their insurance co messes about, fails to pay up or otherwise denies the claim, the OP is fully within their rights to directly sue the person who hit them for compensation.

 

MtB

 

No Mike

 

The hirer is in effect an agent of the hire company. Much in the same way as any of my lorry drivers aren't responsible for settling the claim of any accident they have in one of our vehicles,

 

I am as the business owner owning the vehicle, and there for the insured and are ultimately liable for any claim.

 

The hire company are required to be insured. No hirer takes out separate insurance to hire a boat, the hirer pays a deposit which can be claimed by the hire company for any damage they cause either to the hirers boat or any boat damaged by the hirer. It's a legal requirement for any hire company to have at minimum 3rd party insurance as well as liability insurance any business requires.

Edited August 7, 2014 by Julynian

[magpie patrick]

 

Not everyone can afford to write of £100 just like that. The hit I took damaged my (only) laptop beyond the point of economical repair, and it is only through being donated one from a very kind forumite that I was able to keep working uninterrupted and didn't lose all of my income, due to my laptop being the most essential element of my (freelance) work. Even so, the loss of the stuff I had on the laptop prior to the company paying out for hard disc recovery really put me in a mess.

I could not have earned, or afforded to live in the time it took the hire company and their insurers to mess around sorting it out and paying out, and I did not have the funds to buy a new laptop and software just like that with no notice in the interim.

The claim wasn't at all huge, but the impact and knock-on problems it caused me was quite a big deal to me.

 

A laptop is not quite the same thing is it. for several reasons but most notably I had assumed the OP was talking about damage to the boat, at £100 it is likely the boat still works and the damage is cosmetic, although I would grant you it could be damage to the tiller which would be more problematic.

 

It is also arguable that if the damage stops you working, the cost is considerably more than £100

[mango]

Hirers have clearly defined responsibilities if they have an accident. The following example is from ABC but I am not aware that it differs much between companies:

 

9. Accidents
The Hirer is in charge of the boat and is responsible for its safe navigation and return. In the event of any accident or damage to the boat other craft or the waterway the Hirer must:-
Obtain and record the name and registration number of the other boat and names and addresses of all parties involved including the other boat owners and other hirers.
Notify the Company by telephone immediately with full details of the accident including damage incurred.
NOT IN ANY CIRCUMSTANCES ADMIT OR ALLOW OTHER PERSONS ON THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON.
Not to carry out or have carried out repairs without the consent of the Company or the Boat Owner.
Obtain and follow the Company’s instructions. In the event of an accident the Company may repossess the boat and the hiring contract shall then terminate without liability on the Company or the Boat Owner. In the event that the Company’s insurance cover is prejudiced or invalidated by any failure on the part of the Hirer to comply with the provisions of this condition the Hirer shall indemnify the Company and the Boat Owner in respect of all liability claims, loss, damage or expenses incurred.
The Hirer is liable for and shall indemnify the Company and the Boat Owner against any claim or charge made by any Navigation Authority for damage to waterway property or loss of water.

[Cheshire cat]

I think the logic behind not sharing your insurance details is that given the chance your insurer will penalise you on the basis that statistically you are likely to be involved in more accidents / claims even though this one wasn't your fault.

[Paul G2]

 

Hirers have clearly defined responsibilities if they have an accident. The following example is from ABC but I am not aware that it differs much between companies:

 

9. Accidents

The Hirer is in charge of the boat and is responsible for its safe navigation and return. In the event of any accident or damage to the boat other craft or the waterway the Hirer must:-

Obtain and record the name and registration number of the other boat and names and addresses of all parties involved including the other boat owners and other hirers.

Notify the Company by telephone immediately with full details of the accident including damage incurred.

NOT IN ANY CIRCUMSTANCES ADMIT OR ALLOW OTHER PERSONS ON THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON.

Not to carry out or have carried out repairs without the consent of the Company or the Boat Owner.

Obtain and follow the Company’s instructions. In the event of an accident the Company may repossess the boat and the hiring contract shall then terminate without liability on the Company or the Boat Owner. In the event that the Company’s insurance cover is prejudiced or invalidated by any failure on the part of the Hirer to comply with the provisions of this condition the Hirer shall indemnify the Company and the Boat Owner in respect of all liability claims, loss, damage or expenses incurred.

The Hirer is liable for and shall indemnify the Company and the Boat Owner against any claim or charge made by any Navigation Authority for damage to waterway property or loss of water.

 

 

A contract between two parties cannot relieve one of those parties (the vessel owner) of any liability said owner might have to a third party for damage caused by the owner's boat.

 

IOW - If I rent my boat to a penniless homeless person and they proceed to run full speed into the side of a megayacht, I will be just as responsible as the driver for the damage to the yacht, regardless of any contract I may have with the the penniless homeless person. For obvious reasons, one person cannot relieve themselves of liability for damages to a third party. It takes the express consent of the third party to do that.

[craftycarper]

I think the logic behind not sharing your insurance details is that given the chance your insurer will penalise you on the basis that statistically you are likely to be involved in more accidents / claims even though this one wasn't your fault.

. At least someone is living in the real world as apposed to googling up the letter of the law for what happens in there make believe perfect world ,every claim made from your post code will affect future insurance policy's taken out by you which will in the end cost you more than one hundred pounds so like I said originally on such a small claim go for a cash settlement if you can i

[thediynarrowboater]

We were in a collision with an Anglo Welsh hire boat on the upper Thames yesterday when it decided to cut the corner on one of the bends and came rku d the corner on the wrong side. The damage is about £100.

 

Anyone have any experience of claiming from AW?

 

We have notified them and they 'are looking into it'.

 

Please Contact the base directly on 01865 882235 we will be more than happy to have a talk with you about it!, please ask for martin the manager

Edited August 8, 2014 by thediynarrowboater

[Ex- Member]

. At least someone is living in the real world as apposed to googling up the letter of the law for what happens in there make believe perfect world ,

every claim made from your post code will affect future insurance policy's taken out by you

 

which will in the end cost you more than one hundred pounds so like I said originally on such a small claim go for a cash settlement if you can i

 

At least someone is living in the real world

 

 

Well you clearly aren't as you're talking nonsense.

 

Postcode is totally irrelevant, Insurance policies are in the name of people or companies, not postcodes.

 

Only if you claim from your own insurance company. As already stated, you cannot be penalised by your insurance company by claiming from a 3rd party.

[nicknorman]

Well you clearly aren't as you're talking nonsense.

 

Postcode is totally irrelevant, Insurance policies are in the name of people or companies, not postcodes.

 

Only if you claim from your own insurance company. As already stated, you cannot be penalised by your insurance company by claiming from a 3rd party.

To be fair to crafty (with whom I otherwise disagree), postcodes for house and car insurance, for example, is relevant because they look at risk based on location and every claim has an impact on the reputation of that area. Not so for boats, I am sure. And yes, a claim against a third party should never affect one's own premium, although I think it is necessary to inform one's own insurance company - certainly in the case of cars anyway. Edited August 8, 2014 by nicknorman

[Guest]

. At least someone is living in the real world as apposed to googling up the letter of the law for what happens in there make believe perfect world ,every claim made from your post code will affect future insurance policy's taken out by you which will in the end cost you more than one hundred pounds so like I said originally on such a small claim go for a cash settlement if you can i

I actually didn't 'google the letter of the law' but to confirm my understanding I did speak to somebody who I know who works in insurance (rather than fixing cars) and they dispute your hypothesis.

[nicknorman]

Please Contact the base directly on 01865 882235 we will be more than happy to have a talk with you about it!, please ask for martin the manager

Seems like an offer the OP couldn't refuse. Well done, but let's hope more happens than just talking about it!

[Guest]

Seems like an offer the OP couldn't refuse. Well done, but let's hope more happens than just talking about it!

Agreed and I gave a 'greenie' for that post in the hope they follow it through and 'do the right thing'.