Taking dishonest driver to SCC regarding accident!

stator

Before I read this thread I knew what it would descend into.
If you can't answer any of the OPs questions, why don't you just keep out?


Arguing about who was to blame for an accident you don't understand and didn't witness is completely pointless and irrelevant to this thread.


Has your own insurer paid out for the damage caused to your car?


To answer your questions:
1) Yes, you have to comply with the pre-action protocol
2) You can hire solicitors, if you can afford it. No-one will take it on a no-win-no-fee basis
3) You can't. You are expected to minimise your loses. If your car has been written off, that would mean buying another. If not, it should be repaired by now.

4) No
5) Poor without witnesses or other evidence

Aylesbury_Duck

stator wrote: »

To answer your questions:
1) Yes, you have to comply with the pre-action protocol
2) You can hire solicitors, if you can afford it. No-one will take it on a no-win-no-fee basis
3) You can't. You are expected to minimise your loses. If your car has been written off, that would mean buying another. If not, it should be repaired by now.
4) No
5) Poor without witnesses or other evidence

I agree with the above. You can only claim your quantifiable losses and you have a duty to minimise those.

What amount are you intending to claim? It's my view that you are likely to fail in court but only you know how much you have lost and how much more you are prepared to lose in order to secure your targeted sum.

DUTR

atrixblue.-MFR-. wrote: »

1st two comments completely uneccessary and unhelpful.
Where is the OP in the wrong. The OP is in left lane and there is a stationary/slow vehicle in the right lane. You do know you can pass a cue of slow vehicles on the left dont you Rule 163 of HC?


Also anyone performing a merge or crossing lanes have the onus on them to make sure the lane is clear from approaching traffic.

The OP mentioned that he knew the driver as a neighbour or such like, to go in my drive I have to swing out right (although I indicate left), those few seconds would have saved a lot of time now for the OP, it is not condescending, just after a time of driving avoid accidents irrespective of fault is the way to go.

47ka74

stator wrote: »

Before I read this thread I knew what it would descend into.
If you can't answer any of the OPs questions, why don't you just keep out?


Arguing about who was to blame for an accident you don't understand and didn't witness is completely pointless and irrelevant to this thread.


Has your own insurer paid out for the damage caused to your car?


To answer your questions:
1) Yes, you have to comply with the pre-action protocol
2) You can hire solicitors, if you can afford it. No-one will take it on a no-win-no-fee basis
3) You can't. You are expected to minimise your loses. If your car has been written off, that would mean buying another. If not, it should be repaired by now.

4) No
5) Poor without witnesses or other evidence

Hi. Thanks for your helpful reply.The car has been written off and settlement agreed. Awaiting cheque in the post.


I am wanting to take this court to reclaim my excess, as well as obviously avoid the negative effects on my insurance premiums for the next five years and for this not to protect my NCB.


Equally as importantly, I'm angered by the dishonesty of TP so I simply won't let it go.

47ka74

Aylesbury_Duck wrote: »

I agree with the above. You can only claim your quantifiable losses and you have a duty to minimise those.

What amount are you intending to claim? It's my view that you are likely to fail in court but only you know how much you have lost and how much more you are prepared to lose in order to secure your targeted sum.

It is only minimal travel expenses incurred, in addition to what's listed in my above post, in between the courtesy car being taken and settlement cheque being received. Currently awaiting this.

Aylesbury_Duck

The excess and out of pocket expenses are easily defined but you'll have trouble quantifying the cost of increased premiums. Insurance premium calculations are a complex algorithm/random number generator. I can't see how you can quantify the loss of NCB, either, because it's a function of the premiums.

If you engage a solicitor to help, they will probably cost you more that anything you are likely to win. What's the value of your excess plus expenses? A few hundred pounds?

47ka74

DUTR wrote: »

The OP mentioned that he knew the driver as a neighbour or such like, to go in my drive I have to swing out right (although I indicate left), those few seconds would have saved a lot of time now for the OP, it is not condescending, just after a time of driving avoid accidents irrespective of fault is the way to go.

It's not a neighbour, it's someone halfway down the street. What you are saying is correct in hindsight, and the latter is a wonderful thing... ;-)


From my viewpoint, it appeared as if TP was turning right, or had simply just stopped.

Car_54

Aylesbury_Duck wrote: »

The excess and out of pocket expenses are easily defined but you'll have trouble quantifying the cost of increased premiums. Insurance premium calculations are a complex algorithm/random number generator.

Any increased premium following a non-fault claim is usually explained by the demonstrably increased risk of such claimants' having further accidents. However, the risk itself has not in fact increased: the accident has merely highlighted it.



It can therefore be argued that the increased premium is not the fault of the TP: she has merely helped the insurer more accurately to assess the OP's risk.

stator

47ka74 wrote: »

Hi. Thanks for your helpful reply.The car has been written off and settlement agreed. Awaiting cheque in the post.


I am wanting to take this court to reclaim my excess, as well as obviously avoid the negative effects on my insurance premiums for the next five years and for this not to protect my NCB.


Equally as importantly, I'm angered by the dishonesty of TP so I simply won't let it go.

If you win, you should be able to get your excess, plus hire car/travel costs until the point you get the pay out from your insurance.

You won't get any compensation for your increased insurance costs / loss of NCB

47ka74

Sorry, I could have perhaps worded that better.


What I meant, with respect to NCB etc., was that I am seeking a full admission of liability and the excess. This would then allow my NCB to not be affected, as well as protect me from increased insurance premiums due to otherwise having a split liability claim on my record. (I appreciate even a non-fault accident has an impact on premiums, albeit limited).


Thanks.