Reclaim damages from TP Small Claims Help

g2495382

Hello,
I am looking for some good advice on how to bring my claim through Small Claims.

Story is that a TP damaged my parked car and now denies responsibility. Neighbours noted his reg and passed on the info to me. They are witnesses. TP insurer has dismissed their statements as "not independent", though I am not related to witnesses nor knew them. I also have pictures of damage to both vehicles.

Yes there is a police complaint, but because no personal injury police not bothered.

6 months wait and now the TP insurer has said they wont honour my claim directly. They have appointed solicitor for their client.

Repair cost using second-hand body parts is in region £400 - £500 plus lost wages if witnesses have to go to court.

Going though my insurance will void my no-claims and increase premiums making it too expensive. Plus my excess is £350 so not much help there.

I would like to carry out the repairs and raise a court claim with TP directly. I intend to send them the bills and a letter stating my intent to initiate court action first.

Questions:
How many days should my letter give to TP to respond. They like to drag their heels.
Can I start my claim through the money claims service online MCOL?
If yes to above, then is step 1 automatically handled by MCOL, or is step 1 still required?

Any other tips thoughts? Please don't post opinions, I need some solid advice. Thanks.

Quentin

Once you start a mcol the court takes over dictating dates to both sides.

If you mean how long should you allow the tp to pay up before you commence your legal action then give 14.

Although your claim is against the driver, he will have the benefit of his insurer handling his defence.

g2495382

thanks.

Is this suitable for MCOL?

Also before commencing MCOL should I try and contact the TP with 14 day notice, or will MCOL handle that for me?

molerat

You need to contact them with a letter before action.

forgotmyname

The police should have been interested in a failure to stop.

I came back from holiday and spotted a small scuff on my car, the builders next door shouted over they have the reg of the car that did it.

I went to the local police station and after being told i should have informed them within 24 hours and i could be in trouble am i sure i wanted to continue.

I said how can i inform you of something i didnt know about? I think they didnt want to bother but i filed a report and they sent me paperwork a while later saying they had prosecuted him and his insurance details are..

g2495382

The police closed the case because they said the witnesses did not cooperate, because they never got the witness statements. The witnesses told me they sent the statements.Its not something I can control.

What I know is that the witnesses have agreed to attend court if necessary. However my own insurance company are now acting very funny. I contacted them to request they send over the witness statements so I can review them and get some independent legal advice.

The rep immediately started trying very hard to dissuade me from going down this route. He refused to send me the witness statements citing data protection. I countered saying they were my witnesses and I had provided their details in the first instance, so there was no data to protect.

Then he started blaming me for delaying making the claim for so long. He hinted I would need a lawyer, face huge court bills etc. I countered saying in small claims I was able to represent myself and my losses were limited to court costs.

I feel at a loss. Is it true that my insurance company is not able to share my witnesses statement with me so I can get some independent advice?

They just keep hammering about how I should make the claim through them and they will sort it all out (at the expense of me paying my excess and loosing my no-claims till this is sorted)

Can someone please help me what I should do?

Quentin

Although your insurer is giving you the "correct" advice (make a claim and let them sort out liability), it would be pointless claiming for £150 and then having to try and get your excess back yourself off the third party.


If you decide to pursue the third party, then you could get your own new statements from the witnesses, and if it went to court the Judge would decide on how independent the witnesses are.


(Bear in mind that if you do pursue the driver then as in #2 it will be his insurer you would be fighting as they would deal with the claim)

g2495382

, it would be pointless claiming for £150 and then having to try and get your excess back yourself off the third party.

If the insurance repair the car the bill is much much higher around £1200 because the insurance repairer uses "new" parts and a new door is fairly expensive and does not even come with the trims.

They have also said they will reclaim the excess for me.

But elsewhere I have been told that since I cannot name the TP driver (they never stopped to give details) the TP insurer is not really liable to pay (its like a loophole) and the claim could stay on my file as my fault. So much for not even being in the car at the time of the incident.

missile

g2495382 wrote: »

The police closed the case because they said the witnesses did not cooperate, because they never got the witness statements. The witnesses told me they sent the statements.Its not something I can control.

What I know is that the witnesses have agreed to attend court if necessary. However my own insurance company are now acting very funny. I contacted them to request they send over the witness statements so I can review them and get some independent legal advice.

The rep immediately started trying very hard to dissuade me from going down this route. He refused to send me the witness statements citing data protection. I countered saying they were my witnesses and I had provided their details in the first instance, so there was no data to protect.

Then he started blaming me for delaying making the claim for so long. He hinted I would need a lawyer, face huge court bills etc. I countered saying in small claims I was able to represent myself and my losses were limited to court costs.

I feel at a loss. Is it true that my insurance company is not able to share my witnesses statement with me so I can get some independent advice?

They just keep hammering about how I should make the claim through them and they will sort it all out (at the expense of me paying my excess and loosing my no-claims till this is sorted)

Can someone please help me what I should do?

1. It may not be crime of the century, but I would complain to the Chief Constable.
2. I don't understand why you do not let your insurer's sort this claim?
Please note: If you are not at fault, they will be able to reclaim your excess from 3rd party. You have already told your insurance company, so this incident will affect your future premium.

g2495382

2. I don't understand why you do not let your insurer's sort this claim?

Its something I have been trying to decide. Technically there is no liability dispute because my car was parked unattended and I allege they made contact. But legally I wonder if the TP insurer can chicken out of it because

1. I cannot name their driver.
2. My only proof that they made contact is a witness

TP have already tried to dismiss the witness as "not independent" (though I don't know them). I don't want to claim and find myself stuck with future insurance bills because there was not enough evidence to win the claim or they got out on a technicality.

There is a big difference in insurance quotes if you say you reported an incident vs saying your insurance footed a £1200 bill they could not claim back

Mungo76

Your insurer was right about data protection, it's not your data, although I'm not sure if there any harm in providing the content even if paraphrased.

(negative advice coming up, just to make you think of the down sides)

The content of the statements could be the problem (for both the insurer and the police), whilst your witness may have spotted the vehicle, the could be many flaws in their description. For your case to succeed there has to be solid proof that the third party vehicle was involved, not just taken from a registration plate (which can easily be misread).

Your witness will have to be able to stand in court and convince the judge beyond reasonable doubt it was the third party vehicle, you talk about witness costs, but would you be prepared to pay them yourself if you loose?

The other issue you have from both your side and your insurer is that you have not quantified your damage, that is to say no bill has been presented by the insurer and from your own evidence you are claiming "in the region of..." you are right now in the chancer pile at the third party's office.

Your insurer can send threat after threat, and that's why the other side have just given the ultimatum of here's our solicitor, put up or shut up.

good luck whatever route you take.