Need for hire means demonstrating that the claimant genuinely needed a replacement vehicle during the hire period. This includes showing they regularly used their vehicle for commuting, school runs, medical appointments, transporting pets, or other daily needs that could not reasonably be met by public transport or other means.
What should a credit hire witness statement include?
A credit hire witness statement should cover the accident circumstances, vehicle damage, need for a hire vehicle, the hire period and why it was reasonable, any intervention offers received, and financial disclosure if impecuniosity is claimed. It must end with a statement of truth and comply with CPR Part 32 formatting requirements.
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 long should a credit hire period be?
The hire period should last only as long as reasonably necessary. For repairable vehicles, this typically means the repair period plus a reasonable time for assessment and authorisation. For total losses, it runs until the claimant receives the settlement payment and has had reasonable time to source a replacement.
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