Lorna Armstead ('LA') hired a motor car from Helphire Ltd ('Helphire'). She signed a hire agreement confirming (a) she would pay Helphire for any loss or damage to the vehicle and (b) she would pay Helphire a daily rate for loss of use of the vehicle should the vehicle be unavailable to Helphire if returned damaged.

On 23 November 2015, LA was involved in a road accident caused by the negligent driving of a third party. The third party was insured by Royal & Sun Alliance Insurance Company Ltd ('RSA'). The hired vehicle required repairs costing £1,990.65. Two years' later, on 14 May 2018, LA received a demand from Helphire requesting payment of a lump sum for loss of use of the vehicle while it was being repaired. LA brought a claim against RSA for both sums.

The issue is:

Can the terms of a contract signed between the hirer of a motor car and the hire car company be relied upon to calculate the damages claimed by the hirer against the insurance company of a negligent driver who collided with the hire car?

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