Free Traffic Legal Advice
General discussion => The Flame Pit => Topic started by: Cs9087 on September 16, 2023, 12:40:18 pm
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Would I likely be able to claim the money back from him through small claims court ? If I go through my insurance would I be responsible for paying for the excess if they can’t get hold of him?
That's not how insurance works, he caused the damage so he is liable, and by extension so is his insurance company.
You could claim off your own insurance and then you'd have to wait for your insurer to sort it out with the other insurance company, which could be an issue if your own renewal is up soon.
I always recommend in cases like this that you claim directly off the other driver's insurance company instead. There is no excess for third party claims (the insurer is required to put you back in the position you would have been in had the collision not occurred), and they'll have to arrange to fix your car or pay the cost of the repair (or if it's a write-off, they might just offer you a cash sum in lieu).
If you don't have the driver's insurance details, you can look them up on https://www.askmid.com/askmidenquiry.aspx
There is a £10 fee, but you can just add that to your claim against his insurer.
You are going to have to tell your own insurance company, but if you simply explain what's what and that you're claiming off his insurance directly, they'll just make a note on the policy and probably leave it at that.
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This is why you’re insured. The only reason to sort it out without involving insurers is so that one or both parties can then commit insurance fraud by not declaring an accident.
Exactly. And why the OP (or anyone else in his position) would do that on the basis of trusting a complete stranger - who has already damaged his car - is a mystery to me.
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This is why you’re insured. The only reason to sort it out without involving insurers is so that one or both parties can then commit insurance fraud by not declaring an accident.
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The trail of texts would presumably scupper such a ploy.
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Any witnesses? Dashcam footage?
I suspect he'll deny all knowledge if you pursue it.
Or miraculously reveal two "independent" witnesses who saw you actually drive into him.
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Driver reserved into my car, offered to pay for damage but is now unresponsive.
I was recently leaving a car park when another driver in front reversed back into my car at some speed. He got out the car and explained he was trying to avoid a another car turning down into the car park. He then apologised and said he’d pay for the damage giving me his name, number and registration. He seemed genuine so I had no concerns and didn’t think I’d need to involve insurance.
We exchanged some texts where I offered for him to choose a garage and arrange payment for the repairs to which he agreed and said he would ask around. It’s been a few weeks since and he hasn’t answered my calls or replied to my messages.
I’m not sure what the best next steps are, the damage is relatively minor from the outside but may be some more significant structural damage I can’t see. Would I likely be able to claim the money back from him through small claims court ? If I go through my insurance would I be responsible for paying for the excess if they can’t get hold of him?
Thanks in advance.