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Mondoe Mk3 - Fender-Bender reimbursment - Rekusu

Car Legal Question

What ho one and all,

First, some background. Back at the end of November 2018, I had a small fender-bender accident that damaged both driver side doors. Fortunately only cosmetic but given the car is 15 years old, it would probably be written off by the insurance industry.

However, my the car is in very good condition, no rust, drives well, etc, etc and the incident was 110% not my fault, I do not want it written off.

The other driver (taxi driver) reversed around 6 feet into my doors. I had been stationary for ten seconds before he moved. He was very aggressive and blamed me for the incident. I have managed to obtain the CCTV footage and it shows exactly what happened; ten seconds after I stopped behind him in a hospital ‘Drop Off’ zone, he reversed around 6 feet into me.

Attempts to contact him lead to zero response, until I received a letter from my insurance company (who I had already contact but told that I did not yet wish to proceed with a claim) telling me that his legal team had been in written, claiming that I “Failed to take heed of the presence of our clients parked and attended vehicle” and as a result, he has lower back whiplash injury.

I also have an independent witness who clears me of any fault, says that the other driver told him “F*** off!” and that he was travelling at no more than 2mph. My insurance company also have this statement.

I supplied my insurance company with the CCTV and to date, neither they nor I have heard anything. Since I am not making a claim, they advised that if I wanted, I could go ahead with the repair and claim directly from him.

I obtained three quotes in the £600 - £900 price range, and one for around £2600. The high quote is from a company that he may have contacted to repair the damage to his bumper (there is a reason I suspect this.)

As it happens, I managed to find two doors from a breakers yard in good condition and the same colour, so have replaced them myself. I have been keeping a record of expenses, time, travel costs, etc. and now wish to be reimbursed.

I am certain he will ignore my letter as he has in the past, so I figure that I will have to go the Small Claims Court route. Before doing that, I need to contact him again suggesting that he reimburse me and if he does not within a specified time, then I will be making a Small Claim against him.

And so to my questions.

My costs (doors, research time, collect time, mileage, petrol, etc) are less than the average of the lower quotes, but since they seem reasonable, can I ask him for around £700 (average). Bear in mind, that as my insurance company have been informed, my future premiums will almost certainly suffer.

If he ignores my letter, and I approach the Small Claims Court, can I claim for the £2600 amount, even though I do not have a receipt, only a very detailed quote? I would be claiming for damages, compensation for future premium increase due to the accident, etc.

Thanks and toodle pip,

Mondoe Mk3 - Fender-Bender reimbursment - Palcouk
You can only claim for the physical cost of the parts, not your labour/research/travel
If going the small claims route do not run the risk of perjuring yourself with a false/inflated claim, as it will only come back to kick you and lead to your claim being thrown out (at best)
Mondoe Mk3 - Fender-Bender reimbursment - FP

Nor will you be able to claim for future increased insurance costs. For a start, no-one knows what they will be, and as they are in the future, you have not suffered any financial loss as a result.

You can claim only what you can prove you have spent - i.e., what you have receipts for. And travel costs are unlikely to be considered.

As Palcouk says, be careful what you claim, or you risk getting nothing. I am sure you will be disappointed, given the trouble you have been to. I can see you expect to get quite a lot of money from the other driver. I'm afraid you won't. It's just the cost of the doors and the cost of painting them if they're not a good match.

Edited by FP on 14/04/2019 at 23:09

Mondoe Mk3 - Fender-Bender reimbursment - sandy56

After some experience with the Small Claims court you can claim the cost of parts and legitimate expense, including loss of NCD.

DO not over-inflate your claim.

We were successful in our claim and are still being paid a year later via small amounts each month.

We found the website to be straightforward but it can still take a lot of time and effort to pursue your claim. Ensure you get your judgement lodged with the bailiffs, who can be very helpful.

Personally I would do it but it is your decision.

Edited by sandy56 on 26/04/2019 at 17:35