third party denied culpability, where to go from there

londonTiger

rs65 wrote: »

I would think very carefully about going to court. You need to be believable and so far I think you would lose.

what suggests I'm not believable? I have gone out and re-measured the scratches on my car. I have used an engineers square so it's right angle to the road surface and spirit level so it's not sloping sideways and the new measurements have come back even more damning in my favour. Hence the "change in story" if that is what you're alluding to.


3rd party insurer was questioning the measurements on my car being "fabricated". This was purely down to the way it looks - the rear of my car is very high off the ground so it looks like it's at an angle.

But with the right angle ruler off the floor it works more in my favour than before.
Any potification about differences are millimetres right now.

rs65

londonTiger wrote: »

Hence the "change in story" if that is what you're alluding to.

You don't need to convince anyone here. You need to convince a judge.

At the moment you have damage that is approximately, fairly identical and exactly matches the other car's damage. You have no-one that witnessed the damage other than the witness you now have. You have a lot of irrelevant 'noise' such as they took 30 minutes to park.

Do you really want to take this to court? I would get a chipsaway guy to fix it and get on with my life.

londonTiger

rs65 wrote: »

You don't need to convince anyone here. You need to convince a judge.

At the moment you have damage that is approximately, fairly identical and exactly matches the other car's damage. You have no-one that witnessed the damage other than the witness you now have. You have a lot of irrelevant 'noise' such as they took 30 minutes to park.

Do you really want to take this to court? I would get a chipsaway guy to fix it and get on with my life.

I didn't realise I was writing a court statement on the forum. You say I dont need to convince anyone here and then you're cross examining my posts.

As I was writing this thread I've been in and out of the house several times and taking measurements so my arguement has evolved over time.

Anyway, I still want to know whether defendant can countersue in a small claims court hearing for their legal costs. I believe I have a strong arguement but I don't like to pick fights where the risk is too high for the small reward.

Quentin

Read up MCOL to see what is involved.


There is no need for the defendant to counter sue for their costs if you lose. You would have already paid all the court fees yourself, and the defendant would get (awarded against you) all his allowed costs and travelling expenses.


Were you to get this to court then the defence would be taken over by the defendant's insurer