When the Evidence Tells a Different Story: A £69,000 Credit Hire Claim Dismissed

Credit hire litigation continues to remind us that the smallest details often carry the greatest weight. A recent case involving a £69,000 motorcycle hire claim over 234 days is a perfect example of why scrutiny, not assumption, wins the day.

The claimant maintained that his motorcycle was damaged, unroadworthy, and unused throughout the entire hire period. On paper, that position might have appeared plausible. In reality, the evidence told a very different story.

The Evidence Gap That Changed Everything

At the scene of the accident, the damage was filmed and photographed. That footage and those images showed significantly less damage than what was later recorded during the engineer’s inspection. That discrepancy alone raised questions – but the deeper issues emerged when the defendant examined the claimant’s own motorcycle history.

During the alleged hire period, the claimant’s motorcycle:

• accumulated approximately 6,000 additional miles; and
• passed an MOT.

Both facts were fundamentally inconsistent with a vehicle said to be unroadworthy and off the road for 234 days. 

Trial Findings

At trial, the claimant’s evidence was evasive and vague. While the judge stopped short of making a finding of dishonesty, the inconsistencies were too significant to ignore.

The court dismissed:

• the claim for the pre‑accident value of the motorcycle; and
• the entire £69,000 credit hire claim.

To compound matters, the claimant failed to beat a year‑old Part 36 offer, resulting in an order to pay the defendant’s costs. The defendant was also entitled to retain and offset the damages awarded pending resolution of costs.

A Practical Reminder for Practitioners

This case reinforces a simple but critical point: Mileage records, MOT history, and the timeline between the accident and the commencement of hire must always be scrutinised.

These sources often reveal inconsistencies that can fundamentally shift the direction of a claim – as they did in the case above.

Key Takeaway

In credit hire litigation, facts matter. Timelines matter. Independent records matter. And when they don’t align with the claimant’s case, then if appropriate, a finding of dishonesty should be pursued – or alternatively, a dismissal of the claim should be sought, even a high‑value claim, in its entirety.

Mohammed Saddique - Large Loss Handler, Keoghs Motor Corporate Risk