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Insurers 1 - Ambulance Chasers 0

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Clitheroekid
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Insurers 1 - Ambulance Chasers 0

#614448

Postby Clitheroekid » September 11th, 2023, 10:46 pm

As my fellow Fools will be well aware I have a visceral loathing of credit hire companies, who ruthlessly exploit a loophole in the law to supply replacement vehicles to people involved in accidents and then charge extortionate hire charges to insurance companies.

The most loathsome of these – purely by the scale of its operations – is Anexo, a publicly listed company - https://www.anexo-group.com/content/about/about. Around half of the credit hire cases that are reported seem to involve them.

It was therefore with considerable joy that I read a case today where they suffered a bloody nose, despite employing a top KC to argue their case - https://www.bailii.org/ew/cases/EWHC/KB/2023/2159.html

In essence, their client, one Mr Majid Ali, was the no doubt proud owner of a Volvo XC 60. It was parked when it was hit by a Polish truck. For obvious reasons, liability was not a problem, so Anexo promptly put Mr Ali into a hire car whilst he was being repaired, running up typically modest hire charges of £21,588.72.

Anexo then sued for the recovery of these charges. It’s a depressing reflection of the law that the County Court judge decided the hire charges were entirely reasonable. It’s equally depressing that despite the fact that (1) the MOT certificate for the car had expired over four months before the accident; and (2) that Mr Ali, who had previously been disqualified from driving, had insured the car in his cousin’s name (known as `fronting') the judge decided that these factors alone were not sufficient to defeat the claim for the hire charges.

However, the judge did manage to defeat the claim on the ingenious, but eminently sensible grounds that as the car had no MOT certificate it could not be legally driven on the road, and that Mr Ali had not therefore suffered any loss by the car being off the road. He therefore denied recovery of the hire charges in their entirety.

This is where Anexo wheeled on their KC, and appealed to the High Court. However, I’m delighted to say that the High Court judge upheld the decision, describing it as “careful, well reasoned and insightful".

Such a decision is obviously only a minor setback for these ambulance chasers, but it did brighten up an otherwise tedious Monday! :D

monabri
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Re: Insurers 1 - Ambulance Chasers 0

#614483

Postby monabri » September 12th, 2023, 8:48 am

£21k hire car charges.... seriously? No wonder car insurance is going up! We are paying for this nonsense!

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Re: Insurers 1 - Ambulance Chasers 0

#614517

Postby anteos » September 12th, 2023, 10:47 am

HI CK

Thanks for posting, I love these insights into the legal field.

Do you know if Mr Majid Ali was charged with driving without an MOT/Insurance and whilst disqualified?
Also does this mean the insurance was invalid and that the insurance company would purse him for the 21k?

thanks

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Re: Insurers 1 - Ambulance Chasers 0

#614535

Postby didds » September 12th, 2023, 11:56 am

anteos wrote:HI CK

Do you know if Mr Majid Ali was charged with driving without an MOT/Insurance and whilst disqualified?


I see from the link CK provided that indeed

"The Volvo, although used by the Claimant on an almost daily basis, did not enjoy the benefit of a valid MOT Certificate. "
(my emphasis)

I had initially thought it was parked on a driveway (my own imagination/misunderstanding there).

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Re: Insurers 1 - Ambulance Chasers 0

#614548

Postby mc2fool » September 12th, 2023, 12:42 pm

I'm not sure I'm understanding the roles and (contractual) relationships here. Doesn't the insurer have to approve the replacement vehicle hire up front?

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Re: Insurers 1 - Ambulance Chasers 0

#614571

Postby pochisoldi » September 12th, 2023, 2:20 pm

mc2fool wrote:I'm not sure I'm understanding the roles and (contractual) relationships here. Doesn't the insurer have to approve the replacement vehicle hire up front?


Credit hire company looks at the facts and if the injured party has a 100% chance of proving their case, then the credit hire company provides them with a vehicle.
Contractual relationship is credit hire company <> injured party.

Injured party's insurer or if none, the Credit hire company makes a subrogated claim (where they stand in the shoes of the injured party), for the injured party's losses, including the credit hire.

The ability to make the subrogated claim comes from the relationship between injured party<> their insurer, or credit hire company <> injured party.
Whoever makes the subrogated claim will normally chase their own losses, and any other losses caused to the injured party.

Neither the injured party nor the third party insurer has to approve the credit hire.

The reality though is that the third party insurer in the face of a slam dunk case against their client, will normally seek to provide a replacement vehicle on their terms using their own provider. If the third party insurer does that, then the injured party doesn't suffer a loss of use.

If the insurer for the injured party provides a vehicle (rather than a separate credit hire company), then the cost of that vehicle will form part of the claim against the third party.

If anyone wants to clarify further, please feel free to quote/copy and paste what I've written and educate me further :)
PochiSoldi

mc2fool
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Re: Insurers 1 - Ambulance Chasers 0

#614610

Postby mc2fool » September 12th, 2023, 6:01 pm

pochisoldi wrote:Neither the injured party nor the third party insurer has to approve the credit hire.

Uh? The injured party is getting a car for a period, so surely they have to be in agreement? :?

pochisoldi
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Re: Insurers 1 - Ambulance Chasers 0

#614624

Postby pochisoldi » September 12th, 2023, 7:15 pm

mc2fool wrote:
pochisoldi wrote:Neither the injured party nor the third party insurer has to approve the credit hire.

Uh? The injured party is getting a car for a period, so surely they have to be in agreement? :?


Clarification: neither the injured party' insurer nor the third party insurer have to approve.

Clitheroekid
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Re: Insurers 1 - Ambulance Chasers 0

#614639

Postby Clitheroekid » September 12th, 2023, 9:31 pm

anteos wrote:Do you know if Mr Majid Ali was charged with driving without an MOT/Insurance and whilst disqualified?
Also does this mean the insurance was invalid and that the insurance company would purse him for the 21k?

I don't think he was actually driving whilst disqualifed. As I read it he had been disqualified in the past, which would have hiked his insurance premium, so he insured the car in his cousin's name in order to get a lower premium. Apparently, it's quite a common practice amongst certain sections of society.

Unfortunately the report doesn't say whether or not he was prosecuted, but probably not.

There seems to be some confusion about how credit hire comes about. It's not provided by the injured party's own insurers, who usually have little or no involvement, as the claim is made against the at fault driver's insurers. Neither is it provided by the at fault driver's insurers.

Companies like Anexo have an army of `introducers', who, in return for a bung (officially a `referral fee') will introduce the victim of no fault accidents. Anexo then spring into action, with the intention of capturing the victim with their vulture claws.

Once captured they aim to supply the victim with one of their own hire cars at extortionate rates, and because of a loophole in the law that allows `impecunious' claimants (i.e. claimants who are deemed to be unable to afford to pay for an ordinary hire car) to use companies like Anexo they often get away with it.

Some of the claims are extraordinary. In this case the hire claim was £400,000 - https://www.lawgazette.co.uk/news/claim ... 73.article - and this article mentions a hire claim of £160,000 for a motorbike worth £1,300! :shock: https://www.postonline.co.uk/claims/443 ... ire-claims

I suspect that a lot of the claims are compromised, but with claims of that size for providing a service that costs a fraction of the hire charges there's plenty of wriggle room to leave a handsome profit for the hire company.

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Re: Insurers 1 - Ambulance Chasers 0

#614651

Postby mc2fool » September 12th, 2023, 10:53 pm

Clitheroekid wrote:There seems to be some confusion about how credit hire comes about. It's not provided by the injured party's own insurers, who usually have little or no involvement, as the claim is made against the at fault driver's insurers. Neither is it provided by the at fault driver's insurers.

Companies like Anexo have an army of `introducers', who, in return for a bung (officially a `referral fee') will introduce the victim of no fault accidents.

Not confusion ... total ignorance! :D ;) (But then I haven't owned a car for a couple of decades now...)

According to https://www.financial-ombudsman.org.uk/news-events/financial-ombudsman-service-warns-credit-hire-risks it seems that the referrers are often the no fault party's insurers, and what's more it seems that at least in some cases the no fault parties believed they were still dealing with their own insurer.

Clitheroekid
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Re: Insurers 1 - Ambulance Chasers 0

#650917

Postby Clitheroekid » March 2nd, 2024, 10:44 pm

Another highly gratifying win for insurers against a loathsome credit hire company, and I felt that some readers might like to read the actual judgement, which offers a useful insight into how claims like this are dealt with by judges, though it's fairly long-winded, and I can imagine a "tl:dr" response from all but the most determined readers!

https://credithirebarrister.com/wp-cont ... y-2022.pdf

This was another eye-wateringly extortionate case. The damaged car was an 8-year old Audi A3, which the judge decided had a pre-accident value amounting to the princely sum of £3,500.

The credit hire charges that were being claimed amounted to ... wait for it ... £145,524.48! :shock:

The trifling fact that the Audi did not have a valid MOT at the time of the accident obviously didn’t deter the credit hire company from pursuing the claim.

Fortunately, the judge threw out the claim for hire charges. However, some readers might be surprised to see that the fact she was driving without a valid MOT certificate did not preclude her from recovering damages for the value of the car and for the injuries she sustained in the accident, amounting in total to £11,500.

Although the judgement doesn’t identify the credit company it was clearly the loathsome Anexo Group plc, as the solicitors for the claimant (in reality the solicitors for Anexo) were the infamous ambulance chasers Bond Turner, a firm based in (where else?) Liverpool, who are part of the Anexo Group.

Companies like this that rely on such an extortionate and immoral business model should be put out of business, and my personal view is that investors in such companies deserve to lose their investment. It’s therefore deeply gratifying to see that over the past five years the Anexo share price has dropped by nearly 50% – https://www.google.com/search?q=anexo+s ... e&ie=UTF-8 - and long may its decline continue!

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Re: Insurers 1 - Ambulance Chasers 0

#650923

Postby Lootman » March 2nd, 2024, 11:33 pm

Clitheroekid wrote:some readers might be surprised to see that the fact she was driving without a valid MOT certificate did not preclude from recovering damages for the value of the car and for the injuries she sustained in the accident, amounting in total to £11,500.

Actually I think that is reasonable. After all a vehicle without a MOT still has value. And so it can be damaged and devalued by another party, making compensation appropriate.

Just because I might be in some technical breach of the law surely does not ipso facto grant immunity to another party who was unaware of that and caused me harm?

Moreover the owner of that vehicle was deprived of the opportunity of subsequently getting a MOT and then driving her vehicle perfectly legally.

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Re: Insurers 1 - Ambulance Chasers 0

#650924

Postby Mike4 » March 3rd, 2024, 12:01 am

Lootman wrote:
Clitheroekid wrote:some readers might be surprised to see that the fact she was driving without a valid MOT certificate did not preclude from recovering damages for the value of the car and for the injuries she sustained in the accident, amounting in total to £11,500.

Actually I think that is reasonable. After all a vehicle without a MOT still has value. And so it can be damaged and devalued by another party, making compensation appropriate.

Just because I might be in some technical breach of the law surely does not ipso facto grant immunity to another party who was unaware of that and caused me harm?

Moreover the owner of that vehicle was deprived of the opportunity of subsequently getting a MOT and then driving her vehicle perfectly legally.



In addition, absence of an MoT ticket is not evidence the car is unroadworthy. It might well pass if submitted for a test.

Conversely, plenty of cars fail an MoT test in the dog days of a one year MoT certificate which arguably 'proves' the car is roadworthy.

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Re: Insurers 1 - Ambulance Chasers 0

#651382

Postby anteos » March 5th, 2024, 11:30 am

Thanks for another interesting case Ck.

Am i right in thinking that she had the crash in the morning. Realised she had no MOT and then tried to get an MOT in the afternoon?

As a result she had booked the car in for a MoT test later on the day of the accident with a company, Mr. Clutch. It was her intention to have the car tested during her lunch break. She was unable to provide any supportive evidence of the appointment. There was nothing from the garage because their records were destroyed.

I also wonder how long she had her 'prestigous' mercedes to rack up 145k? And who will foot the bill for said car?

thanks

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Re: Insurers 1 - Ambulance Chasers 0

#651394

Postby mike » March 5th, 2024, 12:53 pm

Mike4 wrote:
Lootman wrote:Actually I think that is reasonable. After all a vehicle without a MOT still has value. And so it can be damaged and devalued by another party, making compensation appropriate.

Just because I might be in some technical breach of the law surely does not ipso facto grant immunity to another party who was unaware of that and caused me harm?

Moreover the owner of that vehicle was deprived of the opportunity of subsequently getting a MOT and then driving her vehicle perfectly legally.



In addition, absence of an MoT ticket is not evidence the car is unroadworthy. It might well pass if submitted for a test.

Conversely, plenty of cars fail an MoT test in the dog days of a one year MoT certificate which arguably 'proves' the car is roadworthy.


I had thought that if the car car had no MoT, then the insurance was invalid.

Or is it only on taking out the insurance policy that the car has to have an MoT ?

Or even more obliquely, is it that to tax the car, you have to have an MoT and insurance on the date of renewal (remembering back to queuing at the Post Office for a tax disc) ?

Edit: clarity

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Re: Insurers 1 - Ambulance Chasers 0

#651401

Postby daveh » March 5th, 2024, 1:55 pm

Clitheroekid wrote:Another highly gratifying win for insurers against a loathsome credit hire company, and I felt that some readers might like to read the actual judgement, which offers a useful insight into how claims like this are dealt with by judges, though it's fairly long-winded, and I can imagine a "tl:dr" response from all but the most determined readers!

https://credithirebarrister.com/wp-cont ... y-2022.pdf

This was another eye-wateringly extortionate case. The damaged car was an 8-year old Audi A3, which the judge decided had a pre-accident value amounting to the princely sum of £3,500.

The credit hire charges that were being claimed amounted to ... wait for it ... £145,524.48! :shock:

The trifling fact that the Audi did not have a valid MOT at the time of the accident obviously didn’t deter the credit hire company from pursuing the claim.

Fortunately, the judge threw out the claim for hire charges. However, some readers might be surprised to see that the fact she was driving without a valid MOT certificate did not preclude her from recovering damages for the value of the car and for the injuries she sustained in the accident, amounting in total to £11,500.

Although the judgement doesn’t identify the credit company it was clearly the loathsome Anexo Group plc, as the solicitors for the claimant (in reality the solicitors for Anexo) were the infamous ambulance chasers Bond Turner, a firm based in (where else?) Liverpool, who are part of the Anexo Group.

Companies like this that rely on such an extortionate and immoral business model should be put out of business, and my personal view is that investors in such companies deserve to lose their investment. It’s therefore deeply gratifying to see that over the past five years the Anexo share price has dropped by nearly 50% – https://www.google.com/search?q=anexo+s ... e&ie=UTF-8 - and long may its decline continue!


So how does credit hire work? If I have an accident that's not my fault eg I'm rear ended at a set of traffic lights 'cos I decide to brake and stop as they have turned yellow as I approach, but the lorry behind me has decided to run them and ploughs into the back of me at speed. I tell my insurance company who arrange for the car to be taken to their approved repairer who don't right it off but take 3moonths to fix it. Meanwhile my insurer has provided me with a hire car for those 3months. Isn't it in the interest of my insurer to get me a hire car at the cheapest price possible as, though it will be the lorries insurance who pays up this time, they will be on the other side in other accidents so its in all insurers interest to keep the hire cost down.

Or is this the situation where I have crappy insurance that won't provide a hire car, and 'cos I'm poor don't have the cash to hire a car myself and pay for it up front and add it to my claim so have to go to a company that provides me a free hire car, but stings the at fault insurer with a massive bill?

At the cost they are charging you could buy a (several even) brand new car for the price.

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Re: Insurers 1 - Ambulance Chasers 0

#651418

Postby Lootman » March 5th, 2024, 2:57 pm

mike wrote:
Mike4 wrote:In addition, absence of an MoT ticket is not evidence the car is unroadworthy. It might well pass if submitted for a test.

Conversely, plenty of cars fail an MoT test in the dog days of a one year MoT certificate which arguably 'proves' the car is roadworthy.

I had thought that if the car car had no MoT, then the insurance was invalid.

Or is it only on taking out the insurance policy that the car has to have an MoT ?

Or even more obliquely, is it that to tax the car, you have to have an MoT and insurance on the date of renewal (remembering back to queuing at the Post Office for a tax disc) ?

Edit: clarity

My take is that even if my car lacks insurance, a MOT, registration or is not roadworthy, it can still be damaged by a third party and so a claim can still be made against that third party.

If my car is parked and a drunk driver hits it, should that driver face no consequences? Does he have immunity because of a technicality that has no material impact on the situation?

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Re: Insurers 1 - Ambulance Chasers 0

#651443

Postby staffordian » March 5th, 2024, 4:17 pm

Lootman wrote:My take is that even if my car lacks insurance, a MOT, registration or is not roadworthy, it can still be damaged by a third party and so a claim can still be made against that third party.

If my car is parked and a drunk driver hits it, should that driver face no consequences? Does he have immunity because of a technicality that has no material impact on the situation?


I'm pretty sure that in a situation like this, the injured party would have a valid claim, which the third party insurers would cover. But they might well then pursue their insured to recover the money they have paid out.

I'm not sure how relevent it is, but when I worked in insurance, over forty years ago, all motor insurers had to contribute to a fund which was used to cover loss or damage caused my uninsured drivers. Maybe the fact that virtually all drivers these days have comprehensive cover means it is no longer needed. Back then, third party or third party fire and theft cover was far more common.

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Re: Insurers 1 - Ambulance Chasers 0

#651451

Postby Mike4 » March 5th, 2024, 4:32 pm

mike wrote:
Mike4 wrote:

In addition, absence of an MoT ticket is not evidence the car is unroadworthy. It might well pass if submitted for a test.

Conversely, plenty of cars fail an MoT test in the dog days of a one year MoT certificate which arguably 'proves' the car is roadworthy.


I had thought that if the car car had no MoT, then the insurance was invalid.

Or is it only on taking out the insurance policy that the car has to have an MoT ?

Or even more obliquely, is it that to tax the car, you have to have an MoT and insurance on the date of renewal (remembering back to queuing at the Post Office for a tax disc) ?

Edit: clarity


It's the last.

I don't see that insurance is anything to do with whether an MoT cert counts as evidence a car is roadworthy.

But as often is the case thing revolves around semantics. What do we mean by 'roadworthy'? Safe to drive on the road? Safe to drive on the day of the MoT test? Correctly registered, taxed and insured? Something else?


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