Did you know that if you’re involved in a car accident that wasn’t your fault, you’re entitled to a loan car while your vehicle is being repaired? The Demurrage Law states that the driver who is not at fault has the right to be placed back into the position they were in before the accident. This means they are entitled to the continued use of an undamaged vehicle similar to their own vehicle that was involved in the accident.
In July 2018, Right2Drive won a High Court appeal against 3 major insurance companies for 3 unrelated car accidents that had occurred in 2016. Vero Insurance, AMI Insurance and AA Insurance argued that the not at fault driver in a motor vehicle accident was not entitled to a hire vehicle while their vehicle was off the road – either for repairs or while they were awaiting a Total Loss settlement.
The question around whether the at fault drivers were liable to the not at fault drivers for the expense of their accident replacement vehicles was answered by the High Court with a resounding ‘Yes.’
At Right2Drive, we advocate for not at fault drivers’ rights by providing drivers who are not at fault with an accident loan car similar to their own. This is done on short notice and for the entire length of the repair process, or until settlement is received in the case of total loss.
The High Court took into consideration Right2Drive’s business model and the service they provide to the not at fault driver in their time of need. They found that not only is it reasonable for a not at fault driver to hire a vehicle from Right2Drive when their vehicle is off the road due to the negligence of the at fault driver, but also that the at fault driver and/or their insurer should cover that cost in its entirety.
Right2Drive provided a like-for-like accident loan car to the 3 not at fault drivers, and the High Court agreed that a not at fault party who has been inconvenienced by the loss of use of their vehicle can claim for general damages for that loss against the at fault party.
Right2Drive upholds the rights of not at fault drivers and the law agrees that the at fault driver or their insurer need to cover the costs associated with accident replacement vehicles.
If you’re not at fault in a vehicle accident, remember that you’ve got rights.
