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Accident in a Rented or Rent-to-Buy PCO Car: Who Claims for What

You do not own the car, but you carry most of the loss: the excess, the weekly rent, and every day you cannot work. Here is how the claim actually splits between you and your PCO rental or rent-to-buy provider, and how to protect your own position.

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Reviewed: Written & reviewed by: CityGrip Editorial Team (City Grip Ltd)Applies to: TfL-licensed private hire drivers in London

Who claims for what if I crash a rented or rent-to-buy PCO car?

The damage to the car belongs to whoever owns it, so your rental or rent-to-buy provider claims for repair or total loss. Your own losses stay yours: any excess you are contractually liable for, rent that keeps running while the car is off the road, lost earnings, and personal costs. If the collision was not your fault, those driver losses can normally be pursued against the at-fault driver's insurer rather than absorbed by you or run through the fleet policy, subject to liability being established and evidence. Injury is separate and is referred to authorised legal partners with your written consent.

Key points

  • Otto Car publishes an insurance excess of up to £1,000 for fault and split liability claims, with no excess required on non-fault claims.
  • Otto Car states that a fault accident on the Rent to Buy contract leaves the driver liable for the insurance premium.
  • PCO licences granted on or after 1 July 2024 carry a condition to notify TfL within 48 hours of any arrest and release, charge, caution or conviction. Licences granted earlier carry a 21 day condition for convictions and cautions.
  • A PHV damaged in a way affecting its safety, performance, appearance or comfort must be reported to TfL within 72 hours, and the vehicle may need re-examination.
  • Since 1 January 2023 every vehicle licensed as a London PHV for the first time must be zero emission capable, which limits the plated replacement pool.
  • PCO Rentals states a replacement vehicle is strictly subject to availability, and Splend describes replacement provision as depending on the circumstances. Conditional is not guaranteed.
  • Providers generally do not publish how accrued rent-to-buy value is treated on a total loss. Check the write-off and early termination clauses in your own agreement.
01PCO DRIVERS

Who legally owns the claim when the PCO car is not yours?

The single most important thing to understand is that a claim for damage to a vehicle belongs to the person who owns that vehicle. If you drive a weekly PCO rental, a rent-to-buy car, or a flexi-own vehicle, you are not the owner and you are usually not the registered keeper either. The repair bill, the diminution in value, and any total loss settlement are the provider's loss, not yours, and it is the provider that will present that part of the claim. This is why drivers so often feel shut out of the process: they are told the fleet is handling it and then hear nothing for weeks, because the part being handled is not their part.

What does remain yours is everything the collision cost you personally, and on a PCO car that list is longer than most drivers expect. It typically includes any excess you are contractually liable to pay your provider, the rental or rent-to-buy instalments that keep falling due while the car sits in a bodyshop, the earnings you lose because you have no plated vehicle to work in, the cost of getting a licensed replacement so you can keep working, recovery and storage charges you are chased for, personal items damaged in the car, and any injury. None of that is the provider's loss to claim, and none of it disappears just because the fleet has opened a file.

In practice two claims run side by side: the owner's claim for the vehicle, and your claim for your consequential losses. They need to be coordinated, because the at-fault insurer will want a single consistent account of the accident, and because the length of time the car is off the road drives the value of your losses. Accident management exists to keep both moving in step, to make sure the vehicle side is not allowed to drift while your rent meter runs, and to make sure your own heads of loss are actually presented rather than quietly written off. Recoverability always depends on liability and on evidence.

02PCO DRIVERS

Will I pay an excess, and what happens to my weekly price afterwards?

Most PCO fleets insure the car on a fleet policy and then pass a capped liability down to the driver by contract. Otto Car, for example, publishes that there is up to a £1,000 insurance excess for fault and split liability claims, and that non-fault claims do not require an excess. That structure is common across the sector, though the figure and the wording vary, and some providers sell an optional damage waiver instead. PCO Rentals, for instance, offers an excess waiver as an add-on to the hire agreement and states that the waiver is null and void if your account is in arrears. Read your own agreement rather than assuming the market norm applies to you.

The word to watch is not fault, it is split. A fifty-fifty or apportioned liability outcome is generally treated the same way as a fault claim for excess purposes, which means a collision you genuinely did not cause can still cost you the full capped amount if liability is compromised to close the file quickly. That is exactly what happens when nobody is arguing your corner: fleet insurers settle on commercial logic, and a knock-for-knock or split outcome is cheaper for them than a fight. You wear the consequence, not them.

The second consequence is the premium. Otto Car's own material states that if you had a fault accident while on the Rent to Buy contract you will still be liable for the insurance premium, and its AfterCare pages make clear that accident history affects weekly pricing. So a single recorded fault claim can raise what you pay every week for the remainder of your agreement, and it follows you when you come to renew, re-hire, or arrange your own hire and reward cover later. That is why the recorded outcome of the claim matters more than the immediate repair, and why it is worth pursuing the at-fault insurer properly rather than accepting the quickest route to a fixed car.

PCO DRIVERS

03

Section 3 of the walkthrough.

Do I keep paying rent while the car is off the road?

Usually, yes. A PCO hire or rent-to-buy agreement is a contract for a period of hire, not a contract for the days you happen to be able to drive. Unless your agreement contains an express suspension or credit clause, the weekly payment continues while the car is in a bodyshop or at a salvage yard. Some providers do offer goodwill credits or a replacement, but the wording is normally conditional. PCO Rentals states that a replacement vehicle is strictly subject to availability, and Splend describes a replacement vehicle as provided depending on the circumstances. Conditional is not the same as guaranteed, and drivers routinely discover the difference at the worst possible moment.

Those continuing payments are not automatically a dead loss. Where another driver caused the collision, rental instalments you were contractually obliged to keep paying for a car you could not use, together with the earnings you lost, are the kind of consequential loss that can be presented against the at-fault insurer. It is not automatic and it is never guaranteed: it depends on liability being established, on the payments genuinely being unavoidable under your agreement, and on the loss being properly evidenced. A vague assertion that you normally earn a certain amount will not survive scrutiny.

Build the evidence from day one. Keep your weekly Uber, Bolt, Addison Lee or operator statements for the twelve weeks before the accident so an average can be calculated, keep bank statements showing the rent leaving your account, keep the agreement itself, and keep every message from the provider about when the car will be back. Also keep a note of what you did to limit the loss, because you are expected to take reasonable steps to mitigate rather than simply sit at home accruing losses. Getting into a licensed replacement quickly is usually the strongest evidence of mitigation there is.

04PCO DRIVERS

What happens to my rent-to-buy equity if the car is written off?

Rent-to-buy and flexi-own plans are sold on the promise that your weekly payments build towards ownership instead of vanishing into rental. Splend's Flexi Own, for example, runs the subscription and then allows you to make an offer to purchase the car at the end, with a stated minimum of £499, alongside setup fees of £499 for new cars or £299 for used. Otto Car's Rent to Buy bundles insurance, road tax, MOT, PHV licence, servicing and breakdown cover into the weekly figure. The commercial shape is clear enough. What is far less clear is what happens to everything you have already paid in if the car is destroyed halfway through the term.

Here is the honest position, and we will not dress it up: providers in this market generally do not publish how accrued rent-to-buy value is treated on a total loss. It is not in the public FAQs, it is not in the marketing pages, and it varies between companies and even between contract versions. The insurance settlement for the car is paid to the owner, which is the provider, because the provider owns the vehicle. Whether your accumulated payments are carried across to a replacement car, partially refunded, treated as consumed hire, or simply lost, and whether any shortfall or early termination sum is charged back to you, is determined by the specific clause in the agreement you signed. Nobody can tell you the answer from the outside.

So do this: open your agreement and find the clauses headed total loss, write-off, insurance, early termination and termination charges, and read them before you accept anything. Then put your questions to the provider in writing rather than over the phone, and ask four specific things. Will my accrued payments transfer to a replacement vehicle on the same terms? Does the term restart? Is there any shortfall, termination fee or outstanding balance you say I owe, and under which clause? Is there GAP or shortfall protection in my package, and who benefits from it? Written answers, obtained before you sign anything new, are what protect you later.

05PCO DRIVERS

Why a courtesy car without a plate does not keep you working

A courtesy car from a bodyshop or a provider is a car. It is not necessarily a private hire vehicle. In London, a vehicle used to carry out private hire bookings must itself be licensed by TfL and, unless specifically exempt, must display the licence plate and roundel. If the replacement you are handed is unplated, you cannot lawfully use it for platform work, and the insurance position for hire and reward use would be equally unhappy. Drivers are told a courtesy car is on the way, assume the problem is solved, and only realise at the point of switching the app on that the vehicle cannot legally take a booking.

There is a further constraint that catches PCO drivers specifically. Since 1 January 2023, any vehicle being licensed as a London PHV for the first time has had to be zero emission capable, meaning broadly no more than 50g/km CO2 with at least ten miles of zero emission range, or no more than 75g/km with at least twenty miles, and at least Euro 6 where there is a combustion engine. That narrows the pool of vehicles that can be brought into the plated fleet, so a genuinely like-for-like plated replacement is a more specialised thing to source than a standard courtesy car, and generic replacement schemes rarely have one sitting ready.

Where another party was at fault, a like-for-like licensed replacement can usually be provided on credit hire so that you keep earning while your provider's vehicle claim is dealt with, without you funding it up front. That is subject to liability, to genuine need, to the hire being reasonable in rate and duration, and to the vehicle being appropriate to the work you actually do, including any platform vehicle requirements. It is never an unconditional promise, and any firm that tells you otherwise is overselling. What we can commit to is being straight with you about whether your circumstances support it before anything starts.

06PCO DRIVERSKey takeaway

What do I have to tell TfL after an accident?

A collision on its own is not automatically a TfL notification, but anything that follows from it can be. If your private hire driver licence was granted on or after 1 July 2024, it carries a condition that you must inform TfL within 48 hours of any arrest and release, charge, caution or conviction. TfL's guidance treats motoring matters that result in penalty points on your DVLA driving licence, including fixed penalty notices, as falling within this. When you notify, you are expected to give the date, the police station involved if you were taken to one, the court if you attended one, and details of any sentence. Notification goes to TfL's licensing support team or through its online form.

If your licence was granted before 1 July 2024, the older condition to notify convictions and cautions within 21 days applies, and TfL has strongly encouraged drivers on the older terms to adopt the 48 hour habit immediately. The safest approach for every London PCO driver is simply to treat 48 hours as the rule. Do not wait for a court date, do not wait to see whether a fixed penalty is challenged, and do not assume that because the collision was not your fault nothing is notifiable. Late notification is a licensing problem in its own right, entirely separate from the merits of the accident.

On the vehicle side, where a PHV is damaged in a collision affecting its safety, performance, appearance or comfort, TfL must be told within 72 hours and the vehicle may need to be re-examined before it can be used again as a private hire vehicle. On a rented or rent-to-buy car the provider is normally the vehicle licence holder and so normally carries that duty, but do not assume it has been done. Ask in writing who is notifying TfL and keep the reply. If the car comes back to you repaired, confirm that its licensing status is intact before you take a single booking in it.

Step by step

What to do next

  1. 1Make the scene safe and gather evidence before anything moves. Stop, check for injuries and call the police if anyone is hurt or the road is blocked. Photograph the full scene before vehicles are moved: both cars, all damage, number plates, the road layout, road markings, signage and any debris. Take the other driver's name, address, phone number, registration and insurer. Note the exact time and location. If you have a dashcam, save and back up the footage immediately, because many PCO cars use loop recording that will overwrite it within days.
  2. 2Report to your provider inside their stated window. PCO rental and rent-to-buy agreements set tight reporting deadlines, and some providers require notification within 12 or 24 hours. Missing the window can increase what you are charged and can be treated as a breach. Report it in writing as well as by phone, using the helpline details in your welcome pack or on the sticker in the car, and keep a copy. Report the facts factually and do not accept blame or agree a version of events at the roadside.
  3. 3Check your TfL 48 hour position. If your PCO licence was granted on or after 1 July 2024 and the incident results in an arrest and release, charge, caution, conviction, fixed penalty notice or DVLA penalty points, notify TfL within 48 hours. Licences granted before that date carry a 21 day condition for convictions and cautions, but treating 48 hours as the standard is safer. Include the date, the police station and court if relevant, and any sentence. Keep proof that you sent it.
  4. 4Read your own agreement before you agree to anything. Find and read the clauses covering excess, fault and split liability, insurance premium, replacement vehicle, downtime, total loss or write-off, early termination and termination charges. These decide what you are actually exposed to, and they vary between providers and between contract versions. If a clause is unclear, ask the provider to explain it in writing and quote the clause number back to them. Do not rely on what a member of staff says on a call.
  5. 5Get advice before the fleet insurer treats it as a routine claim. If the collision was not your fault, letting it run as an ordinary fleet claim risks a split liability outcome, an excess deduction and a premium consequence that follows you for the rest of your agreement. Get accident management advice first so the claim is directed at the at-fault driver's insurer where the evidence supports it. Ask specifically what will be recorded, who pays the excess, and what happens to your weekly price.
  6. 6Sort a licensed replacement, not just any car. Confirm that any replacement offered is a TfL licensed private hire vehicle displaying a plate and roundel unless exempt, and that it meets your platform's vehicle requirements. An unplated courtesy car cannot lawfully be used for private hire bookings in London. Where liability supports it, a like-for-like plated replacement can usually be arranged so you keep working. Take it up promptly, because doing so also demonstrates that you acted to limit your losses.
  7. 7Evidence your earnings and your continuing rent. Download your Uber, Bolt, Addison Lee or operator weekly statements for at least the twelve weeks before the accident, plus bank statements showing rent leaving your account, your hire or rent-to-buy agreement, and any invoices for recovery, storage or replacement transport. Keep a simple diary of the days you were off the road and what you were told about the repair timeline. Consequential loss claims stand or fall on this paperwork, so gather it while it is easy.
  8. 8Ask the write-off questions in writing, early. If the car is likely to be a total loss and you are on rent-to-buy or flexi-own, email the provider and ask, by clause reference, what happens to the payments you have already made, whether they transfer to a replacement vehicle, whether the term restarts, whether any shortfall or termination charge is claimed against you, and whether GAP or shortfall protection sits in your package. Get answers before you sign a new agreement or hand anything back.
  9. 9Keep injury separate and consented. If you or a passenger were hurt, get medical attention and make sure the injury is recorded, even if it seems minor at first. CityGrip does not handle personal injury in-house. If you want that side looked at, we will refer you to an authorised legal partner, and only with your separate written consent. Nothing about your accident management support depends on making an injury claim, and you are free to decline the referral.

Frequently asked questions

I rent my PCO car weekly. Can I claim at all, or is it all down to the rental company?
You can claim, but for different things. The rental company owns the car, so the repair or total loss claim is theirs to bring. Your claim covers what the accident cost you personally: any excess you are contractually liable for, rental payments that kept falling due while the car was off the road, lost earnings, out-of-pocket costs such as recovery or storage, and injury. Those are your losses, not the fleet's, and they will not be recovered unless somebody presents them. Recovery depends on liability being established against the other driver and on you evidencing the loss properly with platform statements and bank records.
Do I pay an excess if the accident was not my fault?
Usually not, but check your own agreement. Otto Car, as one published example, states there is up to a £1,000 insurance excess for fault and split liability claims and that non-fault claims do not require an excess. Other PCO providers use similar structures with different figures, and some sell an optional damage waiver instead. The risk point is split liability: if the claim is settled on an apportioned basis rather than fought, it is typically treated like a fault claim and the excess bites. That is a strong reason to have the non-fault case argued properly rather than letting it settle for convenience.
Does my weekly rent still have to be paid while the car is being repaired?
In most cases yes, unless your agreement expressly suspends payments. A PCO hire agreement is a contract for a period of hire, not for the days you can actually drive. Some providers offer credits or a replacement vehicle, but the wording is normally conditional: PCO Rentals states a replacement is strictly subject to availability, and Splend describes replacement provision as depending on the circumstances. Where another driver was at fault, the rent you were obliged to keep paying for an unusable car can be presented as a consequential loss against their insurer, subject to liability and evidence. It is not automatic.
What happens to my rent-to-buy equity if the car is written off?
Honestly, it depends entirely on your contract, and most providers do not publish this. The insurance settlement for the vehicle goes to the owner, which is the rent-to-buy company, because they own it. Whether your accrued payments carry across to a replacement car, are partly refunded, are treated as consumed hire, or are lost, and whether any shortfall or termination charge is passed to you, is set by the specific clause in your agreement. We will not invent a figure or a rule for you. Find the total loss, write-off, insurance and early termination clauses and ask the provider to confirm the position in writing.
Will a fault claim increase what I pay every week?
It can, and this is one of the most under-appreciated costs of letting a claim be recorded as fault. Otto Car's material states that if you had a fault accident while on the Rent to Buy contract you remain liable for the insurance premium, and its AfterCare pages make clear that accident history feeds into weekly pricing. Beyond your current provider, a recorded fault claim affects what you are quoted when you re-hire, renew, or arrange your own hire and reward cover later. The recorded liability outcome therefore matters far more than how quickly the car is repaired.
My provider offered a courtesy car. Why is that not enough?
Because a courtesy car is often not a licensed private hire vehicle. In London a vehicle used for private hire bookings must be TfL licensed and, unless exempt, must display the plate and roundel, and it needs appropriate hire and reward cover. An unplated car cannot lawfully take platform work, so it keeps you mobile but not earning. Since 1 January 2023 any vehicle newly licensed as a London PHV must also be zero emission capable, which narrows the plated pool further. Always confirm the replacement's licensing status and platform eligibility before you rely on it to work.
Do I have to tell TfL about the accident?
The collision itself is not automatically notifiable, but consequences of it usually are. If your PCO licence was granted on or after 1 July 2024, you must tell TfL within 48 hours of any arrest and release, charge, caution or conviction, and TfL's guidance treats motoring matters producing DVLA penalty points, including fixed penalty notices, as within scope. Licences granted before that date carry a 21 day condition for convictions and cautions, though TfL encourages everyone to adopt 48 hours. Separately, a PHV damaged so as to affect safety, performance, appearance or comfort must be reported to TfL within 72 hours by the vehicle licensee.
What is the danger of just letting the fleet insurer deal with it?
The fleet insurer's client is the fleet, not you. Its incentives are to close the file at the lowest cost, which often means accepting a split or knock-for-knock outcome rather than proving the other driver was at fault. That outcome can trigger your excess, mark the claim as fault or shared, raise your weekly price, and leave your rent, downtime and lost earnings entirely unrecovered because nobody presented them. It also puts the repair timetable outside your control while your payments continue. Getting independent accident management advice first keeps the claim aimed at the responsible party's insurer where the evidence supports that.
Can I claim for the days I could not drive for Uber or Bolt?
Potentially, where another driver was at fault and liability is established. Loss of earnings is a recognised head of loss, but it has to be evidenced rather than asserted. That means platform weekly statements covering a representative period before the accident, bank statements, and your tax records, so a realistic net figure can be calculated. You are also expected to mitigate, which usually means taking up a suitable licensed replacement promptly rather than staying off the road. No outcome can be promised in advance, and eligibility always depends on liability and the strength of your evidence.
Do you handle injury claims as well?
No. CityGrip is an accident management company. We handle recovery, secure storage, like-for-like licensed replacement vehicles where liability supports it, repair coordination, engineer inspection and correspondence with the third party insurer, for car and van drivers. We do not deal with personal injury in-house. If you have been hurt and want that looked at, we can refer you to an authorised legal partner, and we will only do so with your separate written consent. Your accident management support is not conditional on making an injury claim, and you can decline the referral without affecting anything else.

Important notice for PCO drivers

Liability remains subject to the at-fault driver's insurer's assessment and the available evidence. Replacement vehicle, credit hire, recovery, storage, repair and loss of earnings support are subject to eligibility, the evidential record and reasonable need. We do not provide legal advice and we do not handle personal injury in-house: injury enquiries are referred only with your separate written consent to authorised legal or regulated partners. Information about TfL private hire licensing, Zero Emission Capable standards, vehicle age limits and notification duties is general guidance, not legal or licensing advice, and the position applying to your own licence at the relevant date will govern. Rental, rent-to-buy and finance terms vary between providers: always check the specific clauses in your own agreement.

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