My brother has a hire car because of an accident and got…

Godo Afternoon

He has to report it to the hire car company

He also should report it to the police and have the other drivers details.

He will have to pay the excess on the hire car and sue her for that money.

The hire company will not chase her for the excess

The hirecar agreement makes him liable to pay the excess on any claim even if it is not his fault.

So he needs to get as much information to show it was her fault so he can sue her for the money.

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Regards
Leon

He would send her a letter of demand and if she does not reimburse him he sues her in VCAT or the Magistrates Court.

The process is set out in the following link

https://www.artslaw.com.au/information-sheet/debt-recovery-small-claims-procedure-vic/

He should get photos and also draw a diagram of where he was and where she was and what happened.

This will all assist in the case.

Regards

Leon

Did he hire the car himself or was it provided by his insurer?

If the insurer provided it to him he should notify them about the accident.

They will tell him the steps he has to take

When he picked it up if he signed the paperwork then he will also have to notify Thrifty.

They lodge a claim to get the car fixed and also notifies the driver at fault

He should get a replacement car.

The contract you sent me is the standard one for the hire car company.

He may have to pay the excess to them but he has to sue the other driver, who was at fault to get that back. He can see if his insurance company will cover that and chase her but I doubt they will.

If he does pay it he has to sue and I have provided you the link above on the process.

If she agrees to pay there is no need to sue her.

But if she refuses then you have no other choice.

He can represent himself and in VCAT it is what he does.

He has to pay the excess

She will have to pay that

If she is not insured she will also pay the insurer the cost of the repairs to the hire car.

The cost of the damage will be chased by the insurer of the hire car

They will repair that

They will chase her for that

If she is insured the insurance companies will deal with that

Your brother only sues for the excess he pays

The insurer of the hire car will be given a price by the panelbeater and then chase her for it.

Has he paid the excess?

Once he pays the excess he send the letter of demand

They will tell him what it is

He will get a receipt

He then sends the letter saying the date of th accident.

She was at fault

Where the accident occurred and that he had to pay the excess and she owes him the amount and attaches a copy of the receipt and gives her 14 days to pay.

If she does not pay then he sues here

Here is the process again

https://www.artslaw.com.au/information-sheet/debt-recovery-small-claims-procedure-vic/

Yes that is correct

You have to ay if you are at fault or not

That is correct

he has to pay that and then ask her to reimburse him if she does not then he sues