Is this worth going to Small Claims Court

trampy68

Hi Guys

I've had my motorcycle in for repair at a local mechanics, it was on SORN so not insured.

This week the workshop was attacked by arsonists and the whole place raised to the ground, nothing survived. I've just spoken to the police and they have informed me that the mechanic/own didn't have any contents insurance only building insurance so he's not covered for any loss.. some 20 other bikes. I'm about 1.5K out of pocket.

Is it worth me taking him to the small claims court or should I just cut my losses.. I'm a bit gutted (not the best choice of words)

Many thanks in advance for any thoughts...

Andy

unholyangel

Was he a Ltd company?

Have you verified with the owner that he had no insurance?

trampy68

No unholyangel he wasn't a LTD trading and it was the police that informed me he had no contents insurance.. I have a feeling I'm a hinding to nothing on this one.. Thanks for the quick reply BTW..

unholyangel

Effectively if he's not a Ltd company, you may get your money back going down small claims if he has any assets that can be used to offset his debt.

But even winning a small claims doesn't guarantee your money. If they don't have assets, there's nothing to seize.

Perhaps try and get as much info as you can (exactly what insurance he has - i'm not saying the police are wrong but i know from personal experience the police don't always get everything right) and then try and get a free 30min consultation with a local solicitor.

trampy68

Will do, thanks for the advice....

neilmcl

trampy68 wrote: »

it was on SORN so not insured.

Just because you SORN a vehicle doesn't mean you shouldn't insure it, at least TPFT.

I don't see how taking a small claims action is going to to work unless you can prove some form of liability or negligence on behalf of the garage owner.

paddyrg

Depends if he's got any cash - if he didn't carry appropriate insurance for his business he doesn't sound the most liquid of traders?? This fire may wipe him out, and so even with a court judgement if he has no money to give, you may be out of luck.

That said, we're taking under £50 to get that claim through the courts, may as well, and if he does find some cash you can enforce it. For a grand and a half, a nifty would be worth it in my book.

trampy68

neilmcl wrote: »

Just because you SORN a vehicle doesn't mean you shouldn't insure it, at least TPFT.

You're of course quite right mate, live and learn..

paddyrc wrote:

Depends if he's got any cash - if he didn't carry appropriate insurance for his business he doesn't sound the most liquid of traders?? This fire may wipe him out, and so even with a court judgement if he has no money to give, you may be out of luck.

That said, we're taking under £50 to get that claim through the courts, may as well, and if he does find some cash you can enforce it. For a grand and a half, a nifty would be worth it in my book

He's got a nice car and doesn't look so skint but you're right I expect this has wiped him out. Don't get me wrong I feel sorry for the guy. He's lost his business and I've only lost a bike. As neil said I should have had TPFT but I do think he should have had insurance as well.. Thanks for the response everyone. It helps to get other thoughts..

arcon5

20 other bikes.... I suspect if these are mainly customers vehicles he will be declaring bankruptcy or similar soon....

vaio

neilmcl wrote: »

Just because you SORN a vehicle doesn't mean you shouldn't insure it, at least TPFT.

I don't see how taking a small claims action is going to to work unless you can prove some form of liability or negligence on behalf of the garage owner.

Spot on, unless the garage was negligent (in the legal sense) then they have no liability.

If one of the mechanics had set fire to the garage whilst welding then that's negligent but you might struggle to prove negligence if it was external arsonists.

Guardsman

What happens to the building insurance the owner will have that money ?