What happens when....... - Page 3

ADT · 1st April 2008, 13:49

The driver is personally liable for damage they caused, so if you're confident you have something that would hold up in court, then recovering the repair costs via small claims is worthwhile. Insurance companies often seem to be keen to resolve things at minimal hassle to them, presumably because it will often cost them more to spend lots of time figuring out who is right.

We had a transit hit us when we were stationary, and the driver made up a story completely at odds with the facts and the damage he caused - his insurance company naturally took his side and would only go to 50:50 and our insurance company wasn't keen to dispute matters on our behalf. We wrote the driver a sternly worded letter before action indicating our intention to recover our losses from him personally, and copied it to his employer. He did a runner and his employer (whose policy it was) instructed their insurer to pay up

pekwah1 · 1st April 2008, 23:51

Thanks for all the well wishes guys!

Well the garage has told me that the repairs will be between £3,000 and £4,000! Not bad for a sideswipe, but that doesn't matter anyway because i don't pay it.

What does suck though is that it's going to be at least THREE WEEKS till it's done.

What sucks even more is that they've given me a TOYMOTOR YARIS as my courtesy car, considering i'm 6'3", it's certainly interesting.... I guess i will just really appreciate it when i get my rocket back!

Just started filing the claims paperwork, i'll update with news!

pekwah1 · 1st April 2008, 23:54

On the court front, if i did want to take it to court, what kind of costs would i personally incur, or do the insurance pay for that kind of thing?

Also, could it also end up that i get stung harder than i might if i didn't go to court?

I don't know how this kind of thing works.....

Cheers,
Andy

ADT · 2nd April 2008, 09:54

Info here: Making a Claim
Issuing a claim online here: https://www.moneyclaim.gov.uk/csmco2/index.jsp

Court fee (to issue a claim) is dependent on the amount of the claim, for £3000-5000 it is about £100 I think. You could also have to pay a hearing fee if it actually goes to court. Other side pays your costs if you win (gotta love the English system

)

Downside is, if the court finds that it was your fault, then you'd be worse off than a 50:50, which is what it seems you'll get from your insurer. Also, if it couldn't be proved either way then the court would probably split it 50:50 and you'd pay your own costs, so as I say, only worth doing if you have a good case. If it really is your word against theirs, with no other evidence, then take what the insurance offers!

cnicolini · 2nd April 2008, 11:00

Insurance companies are all a waste of time! I had an uninsured driver hit my previous car while it was parked, the guy had no insurance and the car was registered to a breakers yard. He also gave me a false name and address.

I told the insurance company to take the breakers yard in question to court as by law they are liable, they flapped for over a year and then did nt bother, and just closed the case!

I would get my own back on this driver if he was driving in the middle of the road, and smashes up your new car! And then makes you loose money from your excess too! What bl**dy cheek, why not just own up to it, he's going to loose his excess anyhow?

LNT · 2nd April 2008, 19:05

I'm not sure that moneyclaim is appropriate. It's really only for situations where people owe you money, and you can prove it, or you're making a claim for money you are actually due. The small claims court isn't there to arbitrate as to whether the money is owed, it's there to award you the money you're due. In this instance, if the other driver contests it, the court cannot rule. In this case you'd have to go to the proper civil court.

For example, I took Harveys the furniture store to the small claims court for money I'd paid out for a sofa which was faulty and I refused delivery on. The court knew that Harvey's had my money and so awarded me the money I was due, plus the expenses I claimed. I received the money fairly soon after without the need for it to go to court. With a "who's to blame" kind of scenario, it's less clear.

ADT · 3rd April 2008, 09:20

You can recover any kind of damages via the courts. The person who damages a car owes the owner money to repair it. Court is more than happy to decide on this type of issue, they will look at the evidence and come to a view. The "small claims court" is actually a small claims track of the civil courts (county court) and arbitration on what is owed when the parties involved can't agree is exactly what the courts are there for. Take a look at the "Making a claim" link I posted above.

If someone is lying to their insurance company then issuing a claim via the courts can be useful as people will generally back down and come clean rather than perjure.

illegalhunter · 3rd April 2008, 09:49

Ooooo Thats A Bit Of A Barsteward

LNT · 6th April 2008, 12:41

You do still have to be very careful. It's one thing being awarded damages and costs etc. It's another thing actually getting it. And if it's gone to court in the first place, I would suggest that the other side will be unhappy to pay out, so you might then need to employ a debt collector. Lots of hassle really, and if it was me, I'd simply leave it all to the insurance company. I'm presuming that most people on here take out the legal protection option too? Not to mention protected no claims cover.

cb550 · 6th April 2008, 13:26

I would think you would have to instruct your insurance company to waiver their/any responability in a dispute before they would allow you to involve yourself in it.In case it got messy I would leave it to the insurance companies

DeanFYoung · 6th April 2008, 13:31

The fact that there was no head on collision, shows a very important point - and that is that you had moved over enough for her car to go down the side of yours. Given the width of that road in the pictures, it is about big enough for two cars to pass (not the strict single carriageway lanes you get in the likes of Devon and Yorkshire) - so I think its fair to conclude that she must have been over by a considerable margin.

Looks like your car will repair OK though - surprised it was not driveable though, I note you had to wait for a tow truck?

pekwah1 · 11th April 2008, 00:03

Quote:

Originally Posted by DeanFYoung

Looks like your car will repair OK though - surprised it was not driveable though, I note you had to wait for a tow truck?

Well it was actually driveable, if i had a few more brain molecules.
The impact had tripped my fuel cut off switch for the engine meaning that it would not start, but the starter motor was trying.

When the tow truck guy turned up, he had a look in my manual, pull the right hand side of my dash where the door closes against, and low and behold there's the switch! So i could have driven it..... apart from the fact my driver's door didn't actually close any more!

Have been told by the repair shop that i might have it back next week depending on whether they get the parts they need!

I really really really really really really hope i do, i can't stand driving around in the focus any more seeing other spangly shiny civics passing me....

DeanFYoung · 11th April 2008, 09:29

The fuel cut off - of course!

Reassuring to know these systems work as well I think.

pekwah1 · 23rd April 2008, 22:06

Well guys, the time has finally come that my civic has finally returned!!!!

Must admit they've done a pretty good job, apart from the black tape between the driver's and passenger's windows is naff, gonna get them to redo it....

It's been almost a month without having been able to drive my civ, and i must say i almost forgot how good they are to drive!

Wasn't especially impressed with the garage though....
Don't know if this is the kind of forum to name and shame, but if you live anywhere near Kingsfold, i would personally avoid AB Autos. Can't fault the work, but never once had a phone call back when they said they would, and they constantly kept moving the date back that i was supposed to collect my car. Very annoying.

Anyway, it's back now and i'm happy again!

Remember, Safe Motoring!

TTDegs · 23rd April 2008, 22:23

glad you got it back

and head over to the Wiki for the dealer feedback section...

2nd April 2008, 11:00	#45 (permalink)
cnicolini Triangular Exhaust Join Date: 15th August 2007 Location: Hertfordshire Posts: 463 Thanks: 0 Thanked 2 Times in 2 Posts	Insurance companies are all a waste of time! I had an uninsured driver hit my previous car while it was parked, the guy had no insurance and the car was registered to a breakers yard. He also gave me a false name and address. I told the insurance company to take the breakers yard in question to court as by law they are liable, they flapped for over a year and then did nt bother, and just closed the case! I would get my own back on this driver if he was driving in the middle of the road, and smashes up your new car! And then makes you loose money from your excess too! What bl*dy cheek, why not just own up to it, he's going to loose his excess anyhow? Last edited by cnicolini; 2nd April 2008 at 11:02.*

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode


This thread is about: What happens when......., it's in General Discussion at the Honda Civic forum Civinfo; The driver is personally liable for damage they caused, so if you're confident you have something that would hold up in court, then recovering the ...

1st April 2008, 13:49	#41 (permalink)
ADT Valve Cap Join Date: 17th January 2008 Location: Central London, UK Posts: 25 Thanks: 0 Thanked 0 Times in 0 Posts	The driver is personally liable for damage they caused, so if you're confident you have something that would hold up in court, then recovering the repair costs via small claims is worthwhile. Insurance companies often seem to be keen to resolve things at minimal hassle to them, presumably because it will often cost them more to spend lots of time figuring out who is right. We had a transit hit us when we were stationary, and the driver made up a story completely at odds with the facts and the damage he caused - his insurance company naturally took his side and would only go to 50:50 and our insurance company wasn't keen to dispute matters on our behalf. We wrote the driver a sternly worded letter before action indicating our intention to recover our losses from him personally, and copied it to his employer. He did a runner and his employer (whose policy it was) instructed their insurer to pay up

1st April 2008, 23:51	#42 (permalink)
pekwah1 ><((('> o O Locking Wheelnut Join Date: 11th July 2007 Location: Horsham Posts: 118 Thanks: 0 Thanked 3 Times in 1 Post	Thanks for all the well wishes guys! Well the garage has told me that the repairs will be between £3,000 and £4,000! Not bad for a sideswipe, but that doesn't matter anyway because i don't pay it. What does suck though is that it's going to be at least THREE WEEKS till it's done. What sucks even more is that they've given me a TOYMOTOR YARIS as my courtesy car, considering i'm 6'3", it's certainly interesting.... I guess i will just really appreciate it when i get my rocket back! Just started filing the claims paperwork, i'll update with news!

1st April 2008, 23:54	#43 (permalink)
pekwah1 ><((('> o O Locking Wheelnut Join Date: 11th July 2007 Location: Horsham Posts: 118 Thanks: 0 Thanked 3 Times in 1 Post	On the court front, if i did want to take it to court, what kind of costs would i personally incur, or do the insurance pay for that kind of thing? Also, could it also end up that i get stung harder than i might if i didn't go to court? I don't know how this kind of thing works..... Cheers, Andy

2nd April 2008, 09:54	#44 (permalink)
ADT Valve Cap Join Date: 17th January 2008 Location: Central London, UK Posts: 25 Thanks: 0 Thanked 0 Times in 0 Posts	Info here: Making a Claim Issuing a claim online here: https://www.moneyclaim.gov.uk/csmco2/index.jsp Court fee (to issue a claim) is dependent on the amount of the claim, for £3000-5000 it is about £100 I think. You could also have to pay a hearing fee if it actually goes to court. Other side pays your costs if you win (gotta love the English system ) Downside is, if the court finds that it was your fault, then you'd be worse off than a 50:50, which is what it seems you'll get from your insurer. Also, if it couldn't be proved either way then the court would probably split it 50:50 and you'd pay your own costs, so as I say, only worth doing if you have a good case. If it really is your word against theirs, with no other evidence, then take what the insurance offers!

2nd April 2008, 19:05	#46 (permalink)
LNT Triangular Exhaust Join Date: 24th March 2007 Location: England Posts: 204 Thanks: 0 Thanked 1 Time in 1 Post	I'm not sure that moneyclaim is appropriate. It's really only for situations where people owe you money, and you can prove it, or you're making a claim for money you are actually due. The small claims court isn't there to arbitrate as to whether the money is owed, it's there to award you the money you're due. In this instance, if the other driver contests it, the court cannot rule. In this case you'd have to go to the proper civil court. For example, I took Harveys the furniture store to the small claims court for money I'd paid out for a sofa which was faulty and I refused delivery on. The court knew that Harvey's had my money and so awarded me the money I was due, plus the expenses I claimed. I received the money fairly soon after without the need for it to go to court. With a "who's to blame" kind of scenario, it's less clear.

3rd April 2008, 09:20	#47 (permalink)
ADT Valve Cap Join Date: 17th January 2008 Location: Central London, UK Posts: 25 Thanks: 0 Thanked 0 Times in 0 Posts	You can recover any kind of damages via the courts. The person who damages a car owes the owner money to repair it. Court is more than happy to decide on this type of issue, they will look at the evidence and come to a view. The "small claims court" is actually a small claims track of the civil courts (county court) and arbitration on what is owed when the parties involved can't agree is exactly what the courts are there for. Take a look at the "Making a claim" link I posted above. If someone is lying to their insurance company then issuing a claim via the courts can be useful as people will generally back down and come clean rather than perjure.

3rd April 2008, 09:49	#48 (permalink)
illegalhunter TYPE R GT (R-8130) Rocketship door handle Join Date: 10th May 2007 Location: In the woods armed to the teeth Posts: 1,891 Thanks: 1 Thanked 4 Times in 4 Posts	Ooooo Thats A Bit Of A Barsteward

6th April 2008, 12:41	#49 (permalink)
LNT Triangular Exhaust Join Date: 24th March 2007 Location: England Posts: 204 Thanks: 0 Thanked 1 Time in 1 Post	You do still have to be very careful. It's one thing being awarded damages and costs etc. It's another thing actually getting it. And if it's gone to court in the first place, I would suggest that the other side will be unhappy to pay out, so you might then need to employ a debt collector. Lots of hassle really, and if it was me, I'd simply leave it all to the insurance company. I'm presuming that most people on here take out the legal protection option too? Not to mention protected no claims cover.

6th April 2008, 13:26	#50 (permalink)
cb550 Supporter Triangular Exhaust Join Date: 26th May 2007 Location: Nottingham Posts: 308 Thanks: 2 Thanked 0 Times in 0 Posts	I would think you would have to instruct your insurance company to waiver their/any responability in a dispute before they would allow you to involve yourself in it.In case it got messy I would leave it to the insurance companies

6th April 2008, 13:31	#51 (permalink)
DeanFYoung Supporter Triangular Exhaust Join Date: 19th June 2007 Location: Southampton Posts: 418 Thanks: 1 Thanked 2 Times in 2 Posts	The fact that there was no head on collision, shows a very important point - and that is that you had moved over enough for her car to go down the side of yours. Given the width of that road in the pictures, it is about big enough for two cars to pass (not the strict single carriageway lanes you get in the likes of Devon and Yorkshire) - so I think its fair to conclude that she must have been over by a considerable margin. Looks like your car will repair OK though - surprised it was not driveable though, I note you had to wait for a tow truck?

11th April 2008, 09:29	#53 (permalink)
DeanFYoung Supporter Triangular Exhaust Join Date: 19th June 2007 Location: Southampton Posts: 418 Thanks: 1 Thanked 2 Times in 2 Posts	The fuel cut off - of course! Reassuring to know these systems work as well I think.

23rd April 2008, 22:06	#54 (permalink)
pekwah1 ><((('> o O Locking Wheelnut Join Date: 11th July 2007 Location: Horsham Posts: 118 Thanks: 0 Thanked 3 Times in 1 Post	Well guys, the time has finally come that my civic has finally returned!!!! Must admit they've done a pretty good job, apart from the black tape between the driver's and passenger's windows is naff, gonna get them to redo it.... It's been almost a month without having been able to drive my civ, and i must say i almost forgot how good they are to drive! Wasn't especially impressed with the garage though.... Don't know if this is the kind of forum to name and shame, but if you live anywhere near Kingsfold, i would personally avoid AB Autos. Can't fault the work, but never once had a phone call back when they said they would, and they constantly kept moving the date back that i was supposed to collect my car. Very annoying. Anyway, it's back now and i'm happy again! Remember, Safe Motoring!

23rd April 2008, 22:23	#55 (permalink)
TTDegs Super Moderator Civinfo master Join Date: 4th August 2006 Location: Cardiff Posts: 5,638 Thanks: 0 Thanked 0 Times in 0 Posts	glad you got it back and head over to the Wiki for the dealer feedback section...