Bee v Jenson

Bee v Jenson

A claimant is entitled to recover the reasonable cost of hire of a replacement car from the tortfeasor, even if the cost is paid by the claimant's insurer and not personally by the claimant, and any inducements or payments between the insurer and the hire company do not reduce the recoverable sum.

Parties
Claimant/respondent: Douglas Bee; Defendant/appellant: Carl Jenson
Jurisdiction
England and Wales
Judgment Date
13 September 2007
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division
Outcome
Appeal dismissed
Legal Topics
Damages for Loss of Use, Subrogation, Mitigation of Loss, Collateral Benefits Rule
Tort Law Insurance Law Damages for Loss of Use Subrogation Mitigation of Loss Collateral Benefits Rule

Case Brief

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Parties

Douglas Bee

Claimant/respondent

Carl Jenson

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division

Legal Issues

  1. 1 Whether a claimant can recover the reasonable cost of hire of a replacement car when the cost is paid by his insurer, not personally by him
  2. 2 Whether payments or inducements between the insurer and hire company should be set off against the recoverable hire charges

Ratio Decidendi

A claimant is entitled to recover the reasonable cost of hire of a replacement car from the tortfeasor, even if the cost is paid by the claimant's insurer and not personally by the claimant, and any inducements or payments between the insurer and the hire company do not reduce the recoverable sum.

Court Disposition

Appeal dismissed

Orders

  • Claimant entitled to recover the reasonable cost of hire; no deduction for inducements between insurer and hire company