Bent: An Insurer Perspective - Gary Herring, Keoghs solicitors
06/12/11. The facts of the case are now reasonably well known. Darren Bent, an England footballer, hired an Aston Martin DB 9 from Accident Exchange as a replacement for his Mercedes Benz CLS 63 AMG Coupé which was damaged in an accident where he was not at fault in February 2007. He hired an Aston Martin DB9 from Accident Exchange for 94 days at the daily rate of £573.28 plus VAT, and brought a claim for the total of £63,406.90.
Case background
The trial was initially heard before HHJ Yelton at Southend County Court on 10 July 2009. Judge Yelton concluded that it was reasonable for Mr Bent to hire an Aston Martin DB9, and that the hire period was reasonable in the circumstances of the case.
On the issue of rate, despite having been referred to evidence of the spot rate for similar vehicles in 2009, the Judge held that the credit rate was recoverable in full. This was on the basis that that none of the evidence before him showed rates for a vehicle of the same type as the claimant’s vehicle or the vehicle at the time of the original hire. Accordingly judgment was granted in...
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