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March 20, 2016

Can I claim the costs of hiring a car, after an accident that was not my fault?



Q
Regarding a recent motor vehicle accident, my vehicle has sustained a considerable amount of damage, in an accident caused (and admitted to) by a party driving on duty for his company, within a company vehicle. The vehicle will take 30 days plus to repair, and although all cost for the repairs are being paid from his insurers, the inconvenience of not having a motor vehicle for more than a month surely should hold some form of damage claim. Would you advise that there are grounds for a damages claim in this regard, specifically since the driver of the said company vehicle has admitted guilt in the police report?

A
In respect of a claim for damages, there is only one function: to restore the plaintiff's ‘patrimony’ and, as far as possible, to place him in the position he would have been in had the collision not happened. Money is considered an adequate replacement for the lost patrimony.

In my opinion, you’d be wasting your time trying to pursue a claim to compensate you for inconvenience, discomfort or annoyance (in the form of the cost of hiring a hire vehicle). In any event, even if you had such a right, you would spend far more on engaging the services of a lawyer than the cost of hiring the vehicle.



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