Bee v Jenson [2006] EWHC 3359 (Comm) (21 December 2006)

Bee v Jenson [2006] EWHC 3359 (Comm) (21 December 2006)

The claimant is entitled to recover the full cost of the hire car at the rate charged by Helphire, as this was a reasonable rate for a replacement vehicle and the arrangement was made as a result of the defendant's tort. Any commission or benefit received by the insurer from the hire company is irrelevant to the quantification of the claimant's loss. The law is not concerned with the insurer's profit or loss, and the tortfeasor cannot benefit from insurance arrangements. The reasonableness of the hire rate is judged from the claimant's perspective, not the insurer's.

Citation
[2006] EWHC 3359 (Comm)
Parties
Claimant: Douglas Bee; Defendant: Carl Jenson
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Commercial Court Claim for Damages (motor Vehicle Accident) / Judgment After Trial
Outcome
Claim allowed in full for the claimant.
Legal Topics
Subrogation, Damages Assessment, Mitigation of Loss, Motor Vehicle Insurance, Hire Car Charges
Insurance Law Tort Law Subrogation Damages Assessment Mitigation of Loss Motor Vehicle Insurance Hire Car Charges

Case Brief

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Parties

Douglas Bee

Claimant

Carl Jenson

Defendant

Procedural Posture

Commercial Court Claim for Damages (motor Vehicle Accident) / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant (or his insurer) is entitled to recover the full cost of hire charges for a replacement vehicle following a road traffic accident caused by the defendant.
  2. 2 Whether any commission or benefit received by the claimant's insurer from the hire company should be deducted from the damages recoverable from the defendant.
  3. 3 Whether damages should be limited to the corporate rate available to the insurer rather than the retail rate available to the claimant.

Ratio Decidendi

The claimant is entitled to recover the full cost of the hire car at the rate charged by Helphire, as this was a reasonable rate for a replacement vehicle and the arrangement was made as a result of the defendant's tort. Any commission or benefit received by the insurer from the hire company is irrelevant to the quantification of the claimant's loss. The law is not concerned with the insurer's profit or loss, and the tortfeasor cannot benefit from insurance arrangements. The reasonableness of the hire rate is judged from the claimant's perspective, not the insurer's.

Court Disposition

Claim allowed in full for the claimant.

Orders

  • Defendant to pay the claimant £610.46 for hire charges.