Motability letter

[T4M]

Following the accident on Monday, i received a letter from Motability today offering to get the car fixed, supply a courtesy car etc etc, but at the bottom of the letter there is this disclaimer:

For legal reasons, we must advise you that if you decide not to take up the various offers made to you in this letter, we may refuse to pay any further charges incurred in your name or on your behalf. In that event we reserve the right to rely on this letter to show that by not allowing us the opportunity to meet your post-accident need at no cost, you or those representing you have acted unreasonably

So does that mean, although my insurance have sorted the repairs and courtesy car for me, that if i was involved in another accident with a Motability customer, they wouldn't offer again?

[dave45040]

Hi there,

Basically they mean that, as they have offered you a 'free' courtesy vehicle etc etc, if you were to try to put in a claim for out of pocket expenses and/or a hire car, they would be able to show that you didn't 'mitigate' your losses and that they feel they wouldn't be obliged to pay these costs.

They are trying to ensure that your losses are kept to a minimum. As there is also an onus on you to keep your out of pocket expenses down to a minimum (i.e. mitigate your lown losses), technically they are right.

If it ever came to court and they stood there and said that they offered you a 'suitable' or 'acceptable' (to you) courtesy car for nothing but you went ahead and hired one instead, which you are trying to recover costs for, I am fairly sure the courts would find in favour of the insurers, as you did not mitigate your losses.

As it happens, this basically does not apply to you anyhow, as your insurers have taken care of the courtesy vehicle for you.

If in doubt, forward the letter to your own Insurers (which you are obliged to do anyhow), and ask them for their guidance.

[Ste]

Sound advice there.