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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.
Who do you say was at fault and are you insured?
Their insurance company has accepted liability?
What do you mean they have limited your liability?
Have you had quotes for the cost to repair the damage to your car and do you have the details of the policeman that witnessed the accident?
If you have been paid out the value of the car, you cannot keep the hire car. From the date you accept the settlement and the money is paid the claim is over and the insurer does not have to give you anything more.
It is your responsibility to find a new car.
They have a right to charge you rental for the car.
Have you signed a release with the insurer to finalise the claim?
Did the release you sign say that it was in full and final settlement of the claim?
It is important to know what you have signed.
If is says that the claim is over you may have signed away any rights to claim loss of income.
I assume you did not get legal advise on the Deed you signed with the insurer?
You have to hand back the rental and you have to work out what your losses are. Also you have to find another car ASAP
The hire car is it being used for your work and while using it you are not losing money?
Have you worked out what your daily loss is not having a car?
I did not say that.
But to claim you have to show that you have been doing what you can to reduce losses and then claim them.
If you have to hire another car to do your business that will be claimed.
Who ever you used to get the advise should assist you in drafting the letter setting out what your losses are and substantiate them and work it out until you get the new car.
You have to do this ASAP.
You have to set out what the costs will be and put to them your position.
All the best and good luck.
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