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Parked car crashed into

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  • The ombudsman is not involved in a legal claim. You can claim whatever you like and if the magistrate agrees your losses then the insurer will have to pay but on a £2000 claim they probably won't argue and just settle before it gets to court..
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    The ombudsman is not involved in a legal claim. You can claim whatever you like and if the magistrate agrees your losses then the insurer will have to pay but on a £2000 claim they probably won't argue and just settle before it gets to court..
    You turn up to court suing the insurer for what you claim is the "full value", without having been through the ombudsman, and expect short shrift.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    The ombudsman is not involved in a legal claim. You can claim whatever you like and if the magistrate agrees your losses then the insurer will have to pay but on a £2000 claim they probably won't argue and just settle before it gets to court..

    You can do what you like, but if the judge considers the claim unreasonable he can award costs against the plaintiff, while finding the defendant liable for damages. It's all very well winning the case, but the costs awards is separate to damages. It was one of the risks I considered in a case I was fighting. Discretion was the better part of valour, because you can win the case and have the costs awarded against you.
  • caprikid1
    caprikid1 Posts: 2,440 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You also need to know, that they most likely will lie and bully you and do every best endeavour to keep the claim as low as possible irrelevant as to what is fair and reasonable. My dealings with Direct Line were just short of criminal that activities they tried to weasel out of a similar claim.


    Keep a note of all additional costs and expenses relating to the accident, refuse to accept the first offer. Do not take any payment as full and final settlement unless you are 1000% happy that you no longer wish to persue it further.
  • Aretnap
    Aretnap Posts: 5,761 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The ombudsman is not involved in a legal claim. You can claim whatever you like and if the magistrate agrees your losses then the insurer will have to pay but on a £2000 claim they probably won't argue and just settle before it gets to court..
    Personally I'd be wary of taking legal advice from someone who thinks that magistrates decide civil claims.
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