Claiming from hire company for damage

[pearley]

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

Actually Martin phoned me this morning and we have agreed that I will call in to see him when we pass by on Monday morning.

[David Mack]

 

 

 

But not the person you claim from, and very unlikely the person who would ultimately pay anything what so ever to the claimant other than any deposit he/she paid and possibly lost.

 

As the thread was with regard who to claim from in the event of a boat accident with a hire boat, then I'm clearly right.

 

 

you could the hirer.

 

That is of course is an option. However as I've clearly stated several times, the initial claim is against the hire company and not the hirer, and TT is incorrect stating it is.

 

No matter how you try and dress this up, I'm afraid you are wrong and Dave is right!

 

If your boat is damaged by a hire boat, then in law your claim for redress is only against the person who caused that damage - the person in charge of the boat at the time. That person is not necessarily the hirer, and is certainly not the hire boat company or the insurer. There will be contractual arrangements between the hirer, hire boat company and insurer, which mean that at the end of the day it is the insurer who pays out (if the claim is within the scope of the policy and above the policy excess). But you don't have a contractual relationship with any of the other players, and since they haven't caused you any harm, you can't force a claim against them. If the insurance doesn't pay out, the only person you can sue is the the person in charge of the boat at the time.

 

As a matter of practicality, the insurer may take on the handling of the matter on behalf of the hirer and the hire boat company. But that doesn't affect your legal position. In the section of the hire boat terms and conditions you quote in post #73, that is what the text you highlighted in blue says - the hirer is responsible for his negligence etc. to the extent that the insurance doesn't cover it.

[ditchcrawler]

 

 

I used to work for a vehicle hire company. Anyone with more than two claims over the previous three years was refused hire. If didn't matter whether these were fault or non fault claims. So there can be consequences, in the motoring world at least, of non fault claims.

Strange, I like many boaters hire from Enterprise and they have never questioned my insurance or even if I own a car and have insurance.

[Ex- Member]

 

No matter how you try and dress this up, I'm afraid you are wrong and Dave is right!

 

If your boat is damaged by a hire boat, then in law your claim for redress is only against the person who caused that damage - the person in charge of the boat at the time. That person is not necessarily the hirer, and is certainly not the hire boat company or the insurer. There will be contractual arrangements between the hirer, hire boat company and insurer, which mean that at the end of the day it is the insurer who pays out (if the claim is within the scope of the policy and above the policy excess). But you don't have a contractual relationship with any of the other players, and since they haven't caused you any harm, you can't force a claim against them. If the insurance doesn't pay out, the only person you can sue is the the person in charge of the boat at the time.

 

As a matter of practicality, the insurer may take on the handling of the matter on behalf of the hirer and the hire boat company. But that doesn't affect your legal position. In the section of the hire boat terms and conditions you quote in post #73, that is what the text you highlighted in blue says - the hirer is responsible for his negligence etc. to the extent that the insurance doesn't cover it.

 

What gobbledegook LOL absolutely clueless LOL

 

 

7. Insurance

The company insures the boat and its equipment and inventory against public liability risks. The company’s insurance does not cover personal accidents or loss or damage to personal effects. Hirers and their crews are advised to take out their own personal insurance cover. The price does not include a compulsory accidental damage waiver per booking. Accidental damage waiver excludes damage arising from speeding, contact with a lock sill causing damage to the rudder, skeg or stern gear, TV aerials, chimneys, malicious or intentional damage to the boat. Also excluded is malicious or intentional damage to other boats and property and the late return of the boat and return of the boat in unclean condition. The Hirer will indemnify the Company against all costs, damage, expenses, liability and claims howsoever arising from the negligence, neglect or default of the Hirer to the extent that they are not covered by the company’s policy.

 

If you hire a car and have an accident that's your fault, the claim will be made against the hire company, NOT you. You the driver hirer are not liable but will lose a deposit. The hire company is legally obliged to insure the vehicle, as is a boat hire company to insure their boats.

Edited August 8, 2014 by Julynian

[RoseThorne]

 

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

I'd have thought given damage of such a small amount (for a company) they'd hardly be likely to quibble provided of course they were given the opportunity to view the damage. Have they yet been notified?

[Guest]

I'd have thought given damage of such a small amount (for a company) they'd hardly be likely to quibble provided of course they were given the opportunity to view the damage. Have they yet been notified?

They have responded on this thread......l

[Southern Star]

 

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.

Perhaps some do, but I'm on a hire boat right now and I didn't have to pay any type of accident deposit.

[Guest]

Perhaps some do, but I'm on a hire boat right now and I didn't have to pay any type of accident deposit.

Which company?

[pearley]

They have responded on this thread......l

Yes, but according to the timings, they responded on here before responding to me personally.

[Guest]

Yes, but according to the timings, they responded on here before responding to me personally.

Let's see how the pudding eats...

 

Post back with the outcome.....

[Southern Star]

Which company?

UK Boat Hire. I did pay some small amount for CDW, maybe £25, but no deposit. It's this boat here.

 

[Guest]

CDW stands for for collision damage waiver .......

[Ex- Member]

CDW stands for for collision damage waiver .......

 

Removing the requirement of paying for the usual deposit boat hire companies require usually around a £500.00 deposit.

[Guest]

Removing the requirement of paying for the usual deposit boat hire companies require usually around a £500.00 deposit.

Indeed, it's a form of insurance against damaging the boat or somebody else's....

 

Effectively it's the same as paying a 'deposit' but laying out less cash......

[Ex- Member]

Indeed, it's a form of insurance against damaging the boat or somebody else's....

 

Effectively it's the same as paying a 'deposit' but laying out less cash......

 

I pay this regularly, we regularly hire 3.5T and 7.5T vans & lorries. There's a £700 crash/damage deposit. The problem with vans & lorries it's easy to scratch the side panels and damage the Luton bodies especially in tight roads and lanes in our area. So for £35 we don't need to pay that deposit, and if we do any damage there's no additional cost charged.

 

My removal company offers a similar waver called a waiting time waver. If a customer doesn't get their house key on time during the house purchase exchange, removal companies will charge a waiting time after 2 pm. Just 2 men and a lorry would cost £85 + per hour + vat. So a waiting time waver charge of £35.00 will release the customer of any charges relating to waiting time up to 6pm.

 

A lady last week saver herself £170 quid just last week. so £35 well spent in her case.

[tommytelford]

despite some almost insulting comments about my post I am right in my opinion that it is the person in charge of the boat that is responsible for any damage they cause, the fact fact that the hire company or their insurance company may cover that risk is irrelevant.

 

It is the old China Barn thing, "if you break it you pay for it"

[Guest]

despite some almost insulting comments about my post I am right in my opinion that it is the person in charge of the boat that is responsible for any damage they cause, the fact fact that the hire company or their insurance company may cover that risk is irrelevant.

 

It is the old China Barn thing, "if you break it you pay for it"

Nonsense,,,,, if you find that word 'insulting' , you must be a gentle soul if you 'almost' do.

 

Let's put this another way......how many hire boaters have been held personally and financially responsible for damage caused to a boat they have hit and when it has been their fault.

[Southern Star]

despite some almost insulting comments about my post I am right in my opinion that it is the person in charge of the boat that is responsible for any damage they cause, the fact fact that the hire company or their insurance company may cover that risk is irrelevant.

 

It is the old China Barn thing, "if you break it you pay for it"

But the person in charge of the boat is not financially responsible for the damage if they have paid CDW. the hire company is. That's the whole point of paying CDW.

[David Mack]

But the person in charge of the boat is not financially responsible for the damage if they have paid CDW. the hire company is. That's the whole point of paying CDW.

Not quite. The hirer is still legally liable, but by him paying the CDW, the hire company has agreed to pick up any bills for damage.

[Hey Ho]

Nonsense,,,,, if you find that word 'insulting' , you must be a gentle soul if you 'almost' do.

 

Let's put this another way......how many hire boaters have been held personally and financially responsible for damage caused to a boat they have hit and when it has been their fault.

 

I've always liked gentle souls. Would you prefer an insecure argumentative soul?

 

I don't know how many hire boaters have been held personally and financially responsible for danage caused, and I don't suppose tommytelford does either. Neither, I suppose, do you.

 

None of which changes the legal position, which has been explained clearly & logically by others better qualified than us three, at a guess.

[Guest]

I've always liked gentle souls. Would you prefer an insecure argumentative soul?

 

I don't know how many hire boaters have been held personally and financially responsible for danage caused, and I don't suppose tommytelford does either. Neither, I suppose, do you.

 

None of which changes the legal position, which has been explained clearly & logically by others better qualified than us three, at a guess.

Better qualified?

 

Rubbish, who so far who has taken part in this thread underwrites marine or boat insurance?

 

It's just a talking shop, a bit like discussing really important stuff down the pub....

[ditchcrawler]

Indeed, it's a form of insurance against damaging the boat or somebody else's....

 

Effectively it's the same as paying a 'deposit' but laying out less cash......

But you don't get it back even if you don't scratch the boat

[Hey Ho]

I'm with you on the pub thing, and I likre to think of forums as a bar room.

 

I make my 'better qualified' argument on the strength & (to me) logic of the arguments so far, as if I was in a pub in fact.

 

 

It's just a talking shop, a bit like discussing really important stuff down the pub....

 

Indeed

[Paul G2]

 

My removal company offers a similar waver called a waiting time waver. If a customer doesn't get their house key on time during the house purchase exchange, removal companies will charge a waiting time after 2 pm. Just 2 men and a lorry would cost £85 + per hour + vat. So a waiting time waver charge of £35.00 will release the customer of any charges relating to waiting time up to 6pm.

 

A lady last week saver herself £170 quid just last week. so £35 well spent in her case.

 

I've often wondered, how does a waiver like that work out for you in the long run. Do you profit, lose or just about break even?

[Guest]

But you don't get it back even if you don't scratch the boat

True, as I say it's a bit like an insurance policy, when you take out an insurance policy you don't get your premium back at the year end if you haven't made claim.