Small claims court - car accident damages

scs640

Hi all,

Earlier this year I was reversed into by someone coming off their drive. They left without leaving details but I was able to obtain this after lengthy police procedures etc. I decided not to follow up with the insurance as my excess is very high and I do not have the third party's insurer name.

Months later, I receive a letter stating that I have had a claim for 5 personal injuries made against me. Luckily, after the insurance investigation it was deemed that I was reversed into and it wasn't my fault. However, if I wanted to claim for the damage to my car I would still need to pay my excess.

So, I would like to take the third party to small claims court to recover the cost of repairs to my car. I have their full name and address but just not insurance details.

Does anyone have experience with taking this sort of claim to small claims court? I am aware I need to send a 'letter before action' but I am not keen on giving the third party my address due to their aggressive nature at the scene of the accident.

Any advice would be appreciated! Thanks!

Tothepoint.

Why are you going to the small claims court?

http://stayinsured.askmid.com/about-askMID.html

Pay four quid to get their insurance details and claim direct.

Quentin

You will have to give your address or the claim won't be served.

Bear in mind that even though you are claiming against the driver his insurers will be defending it.

scs640

Thank you both for your replies.

@Tothepoint I wasn't aware of this service and have now got his details, thanks.

The reason I would prefer to go through Small Claims is that I'm not keen on having my car written off for a measly sum as it is very low mileage and very well looked after mechanically.

But yes, it is definitely worthwhile remembering the third party could have professional legal help behind them.

Quentin

scs640 wrote: »

The reason I would prefer to go through Small Claims is that I'm not keen on having my car written off for a measly sum as it is very low mileage and very well looked after mechanically.....
.

The claimant has to pay the court fees upfront (if you win, then they will be added to your claim to be paid by the defendant)


However you cannot claim more than the write off value of your car (as no-one - either court or insurer - will agree to pay your repairs if they are uneconomical).


So you can only sue the third party for your pre incident vehicle's market value (plus any other losses you incur such as hire car/loss of earnings etc)


If you claim more, then that could cost you more in court fees (the more you claim the higher the court fee), though you wouldn't get the higher amount reimbursed if you ask for an amount far in excess of the market value

peter_the_piper

Just because the third party insurers say its a write off you don't have to let them have the car. They can give you the cars value less the scrap value and you can get the car repaired yourself.

Fat_Walt

Quentin wrote: »

You will have to give your address or the claim won't be served.

Bear in mind that even though you are claiming against the driver his insurers will be defending it.

They're also entitled to have it under the road traffic act.

Head_The_Ball

Tothepoint. wrote: »

Why are you going to the small claims court?

http://stayinsured.askmid.com/about-askMID.html

Pay four quid to get their insurance details and claim direct.

If you do that on a Mobile (Smart) Phone it is free.

Or it was two months ago when I did it.

missile

Your insurer is already aware of the accident, so your premium will be affected next year. If 3rd party are at fault you will get your excess re-paid.
Let your insurer do their job. Why give yourself more hassle by DIY?

scs640

Fat_Walt wrote: »

They're also entitled to have it under the road traffic act.

As am I to have the third party's details, however the police refused under 'data protection' despite me reporting it as a hit and run. I managed to get details another way.

missile wrote: »

Your insurer is already aware of the accident, so your premium will be affected next year. If 3rd party are at fault you will get your excess re-paid.
Let your insurer do their job. Why give yourself more hassle by DIY?

I spoke to my insurer about this and they were adamant that I would have to pay my excess then get it deducted from the payout if I win... sounds like a disaster to me.

However, now I have third party insurance details I will ask again.

Quentin wrote: »

...

However you cannot claim more than the write off value of your car (as no-one - either court or insurer - will agree to pay your repairs if they are uneconomical).

So you can only sue the third party for your pre incident vehicle's market value (plus any other losses you incur such as hire car/loss of earnings etc) ...

Yes I was never going to try and claim for higher value than market, however I doubt I would be happy with insurance valuation when the car is old but miles are very low and condition is very good

Fat_Walt

scs640 wrote: »

As am I to have the third party's details, however the police refused under 'data protection' despite me reporting it as a hit and run. I managed to get details another way.

Well either the police are wrong or someone's breached the data protection act.