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Court of Appeal confirms ‘impecuniosity’ is relevant to duration of hire as well as credit hire rate

Published 25 marzo 2014

The Court of Appeal has today (25 March 2014) handed down judgment in a case that will considerably assist insurers defending credit hire cases where significant delays in repairs or total loss are involved.

As well as providing definitive guidance on the relevance of impecuniosity in relation to the duration of hire, the court has left the door open for insurers to argue that a claimant's failure to use existing fully comprehensive insurance to replace or repair a vehicle may amount to a failure to mitigate.

Authors

Craig Dickson

Birmingham

+44 (0)121 698 5270

cdickson@dacbeachcroft.com

Key Contacts

Helen Mason

Birmingham

+44 (0) 121 698 5309

hmason@dacbeachcroft.com

Emma Fuller

Newport

+44 (0) 163 365 7891

efuller@dacbeachcroft.com

Court of Appeal Confirms Claimant's Financial Position Relevant to Credit Hire Period, Not Just Rates: DAC Beachcroft reaction

By Craig Dickson

Insurers defending credit hire cases involving substantial delays in repairs or total loss have received a significant boost from the Court of Appeal today, according to credit hire experts at…

Court of Appeal confirms ‘impecuniosity’ is relevant to duration of hire as well as credit hire rate's Tags

Court of Appeal confirms ‘impecuniosity’ is relevant to duration of hire as well as credit hire rate