A credit hire rate (CHR) includes the cost of providing the vehicle on credit, plus additional services like delivery, collection, and insurance. The Basic Hire Rate (BHR) is the underlying rate stripped of credit and additional services. If the defendant argues the CHR is too high, they must prove the BHR with direct evidence.
What is a BHR report?
A BHR (Basic Hire Rate) report is evidence submitted by the defendant to establish the rate a claimant could have hired a vehicle for on the open market. It typically includes quotes from mainstream suppliers in the claimant's locality. The burden of proving the BHR lies with the defendant, and the evidence must be specific to the claimant's circumstances.
Who has the burden of proof in a credit hire claim?
The claimant must prove the need for a hire vehicle, that the hire was reasonable, and the period of hire. If the defendant alleges the claimant could have hired more cheaply (the BHR argument), the burden of proving the Basic Hire Rate falls on the defendant with direct evidence of local rates.
How do you respond to an insurer's BHR report?
Check the report for vehicle mismatches (wrong category, wrong transmission, wrong fuel type), locality errors (rates from a different area), and unsupported rate reductions. The defendant must prove the BHR with direct evidence of comparable local rates. If the evidence is flawed, the report can be challenged on that basis.
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