Bee v Jenson [2007] EWCA Civ 923 (13 September 2007)

Bee v Jenson [2007] EWCA Civ 923 (13 September 2007)

A claimant is entitled to recover the reasonable cost of hire of a replacement car for loss of use caused by the defendant's negligence, even if the hire charges were paid by the claimant's insurer and not by the claimant personally. Payments or inducements between the insurer and the hire company are not to be set off against the claimant's recoverable damages.

Citation
[2007] EWCA Civ 923
Parties
Claimant/respondent: Douglas Bee; Defendant/appellant: Carl Jenson
Jurisdiction
England and Wales
Judgment Date
13 September 2007
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Damages for Loss of Use, Subrogated Claims, Motor Insurance, Hire Car Charges, Collateral Benefits Rule
Tort Law Insurance Law Damages for Loss of Use Subrogated Claims Motor Insurance Hire Car Charges Collateral Benefits Rule

Case Brief

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Parties

Douglas Bee

Claimant/respondent

Carl Jenson

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether a claimant can recover the reasonable cost of hire of a replacement car when the cost was paid by his insurer, not by himself
  2. 2 Whether payments or inducements between the insurer and hire company should be set off against the claimant's recoverable damages

Ratio Decidendi

A claimant is entitled to recover the reasonable cost of hire of a replacement car for loss of use caused by the defendant's negligence, even if the hire charges were paid by the claimant's insurer and not by the claimant personally. Payments or inducements between the insurer and the hire company are not to be set off against the claimant's recoverable damages.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claimant is entitled to recover the reasonable cost of hire.