Credit hire cases arise when a person involved in a road traffic accident (RTA) needs a replacement vehicle while their own is being repaired or replaced. Instead of paying up front for a rental car, the individual enters into a credit agreement with an accident management company. This company then provides a replacement vehicle on credit, meaning the cost is deferred until it can be recovered from the at-fault party’s insurer.
However, credit hire fraud, where the damage or need for a hire vehicle is exaggerated or even at times, fabricated, is reported to be increasing. Therefore, the identification of red flags and conducting thorough investigations are crucial to mitigating this risk.
Mechanical Engineer and Road Traffic Collision Expert, Gavin Dunn, was invited to present to BTO Solicitors on this issue. Gavin’s presentation ‘Credit Where Credit is Not Due’ emphasised the importance of forensic engineering expertise in credit hire cases to establish the chain of causation. He provided an overview of typical credit hire cases, discussed the investigation techniques, and highlighted red flags that can indicate fraud. Gavin explained that the initial step in such investigations is to determine the vehicle’s roadworthiness at the time of the incident, with some key factors being:
- The vehicle's ability to move under its own power
- The MOT manual
- Compliance with The Road Vehicles (Construction & Use) Regulations and Road Traffic Act legislation
Gavin concluded by explaining how he, as an investigator, would establish the road worthiness of a car, including an inspection of the vehicle, reviewing photographic evidence, and examining third-party vehicle inspection reports, such as assessor reports and repair invoices. This allows him to evaluate the condition of the car prior to the accident, identifying any visible defects, and assessing the feasibility of temporary repairs. He can then determine whether the damage is consistent with the incident circumstances and can be linked to the index incident.
Gavin is a Chartered Engineer, Member of the Institute of Mechanical Engineers, and a Member of the Institute of Traffic Investigators. With over 14 years of experience investigating Road Traffic Collisions (RTC) across UK and Ireland, he has served as an expert witness in numerous criminal, civil and coroner’s Courts. If you would like Gavin to present to your organisation or investigate an incident, please get in touch.
