Is it a hire bike or a courtesy bike?

I recently left hospital after being hit by a car when out on a ride and suffered from a few broken ribs. A bike hire company has contacted me and offered me a replacement motorcycle while mine is being repaired. I’m still too sore to ride at the moment although I expect I will be able to in time. Do I have to accept the hire bike?

Declan, Cheltenham (by email)

Answer

The first thing to establish is whether the replacement motorcycle is being provided on a courtesy basis or through a credit hire agreement.

If it is a courtesy bike, the arrangement is usually straightforward. It is typically provided through your insurer or the repairer and there is generally no separate financial agreement for you to enter into.

A credit hire agreement is different. It allows you to hire a like for like replacement bike without paying upfront, but the daily hire charges are usually much higher than standard rental rates. The agreement is between you and the hire company and many contracts contain a clause allowing the company to pursue you for any hire charges it cannot recover from the at fault party or their insurer. This could leave you facing a substantial bill if liability is later disputed, you are found to have been wholly or partly responsible for the collision, or the hire is considered unnecessary.

You have not said whether the other driver’s insurer has accepted liability. If liability remains unresolved, and particularly as you are not yet fit enough to ride, it may be sensible to decline the offer of a replacement motorcycle for the time being.