Small claim - worth the effort?

pie_face_2

Ok, minor collision with only £64 worth of damage.

Not my fault (obviously :A)

I was passing a long line of parked cars on my side of the road. Spot the approaching car passing a junction. Clocked she wasn't slowing down despite the imminent head on. I brake and tuck as tight a I can get to the parked cars and hold tight. The other party locks up and slides straight past me clipping wing mirror.

Other party not prepared to pay to repair. No witnesses. Just a photo of the other party 10m skid on the road.

Is this worth pursuing, and are the insurers likely to increase my premium seeing me as someone likely to claim?

Quentin

Generally premiums do get affected by claims even when they are non fault.

But you are bound by your policy conditions to report this to your insurer (and the third party may have already reported your claim against them to get in first and stop their insurer paying you, thus your details could be on the shared database in any case). So it's your call.

As far as court action is concerned, look up the cost of taking a £60 claim through the court (you have to pay it, and only get the costs added on to your claim if you win).

The third party will pass the court action on to their insurer to defend.

Why not first try claiming direct off the third party insurer.

pie_face_2

Thanks for the response.

I'm not very clued up on motor insurance and hadn't contacted them yet.

Reported now though, but not claimed.

General jist from talking to my insurers was that unless you can prove fault. It'll go 50/50.

Mainly just one persons word against another. The claim option is there, but with a £175 excess and a £63 repair bill I'm likely to just take it on the chin.

And that's just the cash front, time spent dealing with it is a bigger loss.

Bloody students

InsideInsurance

The fact you admit to be overtaking parked vehicles and therefore, from what you say, over on the TP's side of the road will not stand you in good favour if there is a dispute on the circumstances.

If the TP was honest, admits you were overtaking by the time you were in sight, that you stopped and they skidded then its their fault.

If the TP says you only started to overtake after you saw her (ie you failed to give way) and that both vehicles were moving (or she stopped and you didnt) then more likely you'd be at fault.

With no witnesses and contradictory versions of events, 50/50 is the best possible outcome pre-court and it may be worse for you due to the overtaking.

Now in court things are different as the judge will rule on what actually happened rather than saying one version is as likely as the next which is what pre-court will be.

pie_face_2

Aye, that makes sense thanks

I may well know for certain that I'd pulled out to pass the parked cars 60m back. But the insurers won't know for certain.

It just one of those roads, packed with parked cars and curving. If somebody takes there eye of the ball for an instant you can be in bother.

I'm quite glad I read the situation as well as I did, otherwise it would have been a head on. Could be worse as they say.