Terms & Conditions

1. About us

PTH Claims is a credit hire organisation providing replacement vehicles, vehicle recovery and secure storage across the United Kingdom.

• Registered name: PTH CLAIMS LIMITED
• Company number: 14558278
• Registered office: Grosvenor House, 11 St Pauls Square, Birmingham, B3 1RB
• ICO registration: ZB633381
• Telephone: 0121 516 6441
• Email: claims@pthclaims.com

In these terms, “we”, “us” and “our” mean PTH Claims. “You” means the person we are providing services to.

2. Definitions

• At-fault party - the driver, or their insurer, responsible for the accident.
• Charges - the sums payable for the replacement vehicle, recovery and storage.
• Hire period - the time from delivery of the replacement vehicle until it is returned.
• Non-fault accident - an accident which was not caused, wholly or mainly, by you.
• Replacement vehicle - the vehicle we supply while yours is unavailable.
• Your vehicle - the vehicle damaged in the accident.

3. Our services

Depending on what you need and what we agree, we may provide:

• A replacement vehicle on credit hire, so you are not left without transport.
• Recovery of your vehicle from the scene or from wherever it is currently held.
• Secure storage while your vehicle is inspected, repaired or written off.

We will confirm which services we are providing before we begin. We provide these services on the basis that the charges are recoverable from the at-fault party, and we pursue them for that recovery.

We will explain how the process works and what is normally recoverable after a non-fault accident, and we are happy to answer your questions about it at any stage.

What we do not do is give legal advice on the merits of your particular case - whether your claim will succeed, what an injury is worth, or whether you should accept a specific offer. We are not solicitors. Where your circumstances call for that kind of advice we will say so and put you in touch with a firm who can give it. Section 4 explains how injury claims are dealt with.

4. Personal injury claims

Our services are the replacement vehicle, recovery and storage. If you tell us you have been injured, we will offer to put you in touch with a firm of solicitors who can advise you.

• The solicitors act for you, not for us. You instruct them directly and they answer to you.
• They will explain their own terms, including any funding arrangement, before you instruct them.
• You are free to use any solicitor you wish, or none at all. You are under no obligation to use anyone we suggest.
• We do not receive any payment, referral fee, commission or other benefit in connection with your personal injury claim.
• Declining to pursue an injury claim, or using a different solicitor, makes no difference to the services we provide to you.

Anything you discuss with those solicitors is between you and them. We will only share information with them where you have asked us to, or where it is necessary to progress the vehicle side of your claim.

5. What you pay

Payment of the charges is deferred. You are not asked for a deposit, and you are not asked to pay as you go. We carry the cost while the claim is pursued.

If the at-fault party’s insurer pays less than the full charges, we absorb the shortfall. We do not come back to you for the difference, except in the circumstances set out in section 6.

Some costs always remain yours, because they are not caused by the accident:

• Fuel or charging used during the hire period
• Parking fines, congestion and clean air charges, tolls and speeding penalties
• Damage, loss or excessive wear caused during the hire period (see section 7)
• Cleaning charges where the vehicle is returned in an unreasonable condition

6. When you become liable for the charges

You may become liable for some or all of the charges if you:

1. Gave us false or misleading information, or withheld something material, about the accident, your vehicle, your licence or your insurance;
2. Caused the accident, wholly or mainly, when you had told us it was not your fault;
3. Failed to co-operate with the claim - for example by not returning documents, not attending appointments, or not responding to us or to solicitors acting for you;
4. Settled, withdrew or compromised the claim without telling us, or in a way that prevents the charges being recovered;
5. Breached the vehicle conditions in section 7 - such as allowing an unauthorised person to drive, driving without valid insurance or licence, or using the vehicle unlawfully;
6. Kept the replacement vehicle after we asked for it back, or after you no longer reasonably needed it;
7. Made or supported a claim that is found to be fraudulent or exaggerated.

If we consider that any of these apply, we will write to you explaining why before we ask you for payment, and we will give you a reasonable opportunity to respond.

7. Replacement vehicle terms

7.1 Who may drive

Only you, and any additional driver we have agreed in writing, may drive the replacement vehicle. Every driver must hold a valid licence for that class of vehicle and meet the age and licence conditions of the insurance in place.

7.2 Your obligations

• Keep the vehicle in good condition and use it sensibly and lawfully
• Do not use it for hire or reward, racing, off-road use, or to tow, unless we have agreed in writing
• Do not take it outside the United Kingdom without our written consent
• Do not smoke or vape in the vehicle
• Keep it secure, and keep the keys safe
• Report any accident, damage, theft or breakdown to us as soon as you reasonably can
• Allow us to inspect the vehicle if we ask

7.3 Insurance and damage

The replacement vehicle will be insured as we confirm to you at the point of delivery. If it is damaged, lost or stolen during the hire period, you may be responsible for the insurance excess, and for the full cost where the loss falls outside the cover - for example where the driver was not authorised, was unlicensed, or was under the influence of drink or drugs.

7.4 Duration and return

The hire period runs for as long as you reasonably need the vehicle - normally until your vehicle is repaired and returned, or until a total loss settlement is agreed and paid, plus a short reasonable period to obtain a replacement.

You must return the vehicle promptly once you no longer reasonably need it, or when we ask for it back. You have a legal duty to keep your losses reasonable, and charges for a period you did not need may not be recoverable.

Return the vehicle with a comparable level of fuel or charge, and in the condition it was supplied, allowing for fair wear and tear.

7.5 Ending the hire

We may end the hire and recover the vehicle immediately if:

• You breach these terms in a serious way
• We reasonably believe the vehicle is being used unlawfully or is at risk
• We reasonably believe information you gave us was false or misleading
• You no longer reasonably need it

8. Recovery and storage

Where we recover and store your vehicle, we will keep it at a secure site and release it once repairs are authorised, a settlement is agreed, or you ask us to release it, whichever comes first.

Storage charges accrue daily and are claimed from the at-fault party. As with the hire, you pay nothing provided you comply with these terms.

Please remove personal belongings promptly. We take reasonable care of the vehicle but we are not responsible for personal property left inside it.

If your vehicle remains with us after we have asked you to collect it or arrange its disposal, and you do not respond, we may - after giving you written notice and a reasonable period to act - dispose of the vehicle in accordance with the law and apply the proceeds to any outstanding charges.

9. Your right to cancel

The 14 days run from the day you receive the replacement vehicle, or from the day the agreement is made where no vehicle is supplied.

9.1 How to cancel

Tell us clearly that you wish to cancel - by telephone on 0121 516 6441, by email to claims@pthclaims.com, or in writing to our registered office. You may use the cancellation form we provided, but you do not have to.

9.2 If you asked us to start straight away

Most people need a vehicle, recovery or storage immediately and cannot wait 14 days. If you asked us to begin within the cancellation period, and you then cancel, you may be required to pay a proportionate amount for the services actually provided up to the point you cancelled.

We will always tell you this before we begin, and we will ask you to confirm your request in writing.

9.3 After cancellation

You must make the replacement vehicle available for collection without undue delay. We will arrange collection at no cost to you.

10. Fraud and money laundering

Before we act for you, and while we act for you, we are required to verify your identity and to carry out fraud and anti-money laundering checks.

• We may ask for photographic identification, proof of address and proof of entitlement to drive
• We may make searches with credit reference and fraud prevention agencies. These searches may be recorded and may be visible to other organisations
• We may check the details of your claim against industry anti-fraud databases

Where we identify or suspect fraud, we may refuse to act, end our services immediately, and share information with fraud prevention agencies, insurers, regulators and law enforcement.

11. Your personal data

We are the data controller for the personal data we hold about you. We process it under UK GDPR and the Data Protection Act 2018.

11.1 What we collect and why

• Contact and identity details - to identify you and to communicate with you
• Accident and vehicle details - to provide our services and pursue the charges
• Licence and insurance details - to establish that you may lawfully drive
• Financial information - where relevant to the claim, such as loss of earnings

Our lawful bases are performance of a contract with you, compliance with our legal obligations, and our legitimate interests in recovering the charges and preventing fraud. Where we handle health information for an injury claim, we rely on it being necessary for legal claims.

11.2 Who we share it with

• Insurers, engineers, repairers, recovery operators and storage providers involved in your claim
• Solicitors instructed in connection with the claim
• Credit reference and fraud prevention agencies
• Courts, regulators and law enforcement where we are required to

We do not sell your personal data.

11.3 How long we keep it

Normally for seven years after your claim closes, which reflects the periods in which claims and disputes can still arise. Some records are kept longer where the law requires it.

11.4 Your rights

You have the right to access your data, to have inaccurate data corrected, and in some circumstances to have it erased or its use restricted, to object to processing, and to data portability.

To exercise any of these, email claims@pthclaims.com. If you are unhappy with our response you may complain to the Information Commissioner’s Office at ico.org.uk or on 0303 123 1113.

12. Our liability

We are responsible for loss you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill.

We are not responsible for:

• Loss that was not foreseeable when the agreement was made
• Business losses, where you are using the services wholly or mainly for business purposes
• Delays caused by insurers, engineers, repairers or other third parties outside our control
• The outcome of any claim, which is not within our control

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

13. Complaints

If something has gone wrong, tell us and we will try to put it right.

1. Contact us on 0121 516 6441 or at claims@pthclaims.com
2. We will acknowledge your complaint within 5 working days
3. We will give you a full response within 8 weeks

If you are not satisfied with our final response, you may be able to refer the matter to an alternative dispute resolution provider or take the matter to court. Nothing in these terms affects your legal rights.

14. Website terms

This website is provided for information. Nothing on it is legal advice, and nothing on it creates a contract between us until we have confirmed in writing that we are acting for you.

We take care to keep the information accurate and up to date, but figures described as typical are illustrative and will vary. You should not rely on general information in place of advice about your own circumstances.

The content, design and branding of this website belong to us and may not be copied or reproduced without our written permission.

We use cookies necessary for the website to function, and may use analytics cookies to understand how the site is used. You can control cookies through your browser settings.

15. General

Changes. We may update these terms. The version that applies to you is the one in force when we agreed to provide your services, and we will tell you if anything material changes.

Transfer. We may transfer our rights under this agreement, including the right to recover the charges. Your rights are not affected. You may not transfer your rights without our consent.

If part of these terms is invalid, the rest continue to apply.

Delay is not a waiver. If we do not insist on something immediately, we may still do so later.

Governing law. These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you live in Scotland or Northern Ireland, you may bring proceedings in your own local courts.