Should I accept a replacement bike?

I was recently discharged from hospital after being T-boned by a car at a junction. I had a call from a bike hire operation offering to lend me a replacement bike while mine is at the garage for repairs.  I’m not able to ride yet as I’m still recovering, but will go back at some stage.  Do I have to accept the hire bike?

James Williams, by e-mail

Answer

You should ask for clarification of whether the bike is being offered on a ‘courtesy’ or ‘credit hire’ basis.  If it is a courtesy bike, then it is straightforward as it will likely be paid through your insurance and not arranged through a separate company. If not, and it is credit hire then you need to be careful.

Credit hire is the supply of a like-for-like vehicle on a credit basis, which means the cost of hire is much more expensive. The contract will be between the business providing the hire and you. A clause is often inserted that allows the business to recover any unrecovered money from the hirer (you) if there is a shortfall. This can leave you having to pay a significant bill if you are later found to be partially or completely to blame for the accident or the hire is found to have been unnecessary.

You don’t say if the car driver has accepted liability. If not, and as you are still unable to ride a motorcycle, then it may be sensible to reject the offer of a replacement – especially if it’s on a credit hire basis.