Can I sue based on quatation figure

Mishomeister

If someone has damaged my car can I get a couple of quotes from different garages and sue him based on the amount of cheapest quote given to me?

Or am I required to actually get the car repaired using my own money and the sue for costs?

Many Thanks

Mercdriver

You have to have actually sustained a quantifiable loss in order to sue for damages.  Realistically that means you must effect the repair.  You will need to show that you have reasonably minimised the costs.  It doesn't have to be the cheapest, necessarily, you are entitled to a good quality repair, but you need to demonstrate that you exercised reasonable caution to the costs.

Car_54

Why are you planning to sue rather than claiming from his insurance? Can you tell us more about the circumstances?

DoaM

Cross-posted in Consumer Rights.

https://forums.moneysavingexpert.com/discussion/6155550/suing-for-a-car-accident

Mishomeister

Car_54 said:

Why are you planning to sue rather than claiming from his insurance? Can you tell us more about the circumstances?

His insurance is absolutely bad in getting back to me and been dragging their feet since February despite him fully admitting his fault.

DoaM

So what have your insurance said about this? Why not get them to handle it all and recover the costs from the other party?

Mishomeister

DoaM said:

So what have your insurance said about this? Why not get them to handle it all and recover the costs from the other party?

Claim via my insurance will result in a loss of of no claims bonus and a very big excess payment that would have to be paid by me. It is not financially beneficial to claim through my insurance.

Mercdriver

Mishomeister said:

DoaM said:

So what have your insurance said about this? Why not get them to handle it all and recover the costs from the other party?

Claim via my insurance will result in a loss of of no claims bonus and a very big excess payment that would have to be paid by me. It is not financially beneficial to claim through my insurance.

If the other side is found at fault, you will get your excess back.  No claims shouldn't be affected as long as the case isn't still open at time of renewal.

Mishomeister

Mercdriver said:

Mishomeister said:

DoaM said:

So what have your insurance said about this? Why not get them to handle it all and recover the costs from the other party?

Claim via my insurance will result in a loss of of no claims bonus and a very big excess payment that would have to be paid by me. It is not financially beneficial to claim through my insurance.

If the other side is found at fault, you will get your excess back.  No claims shouldn't be affected as long as the case isn't still open at time of renewal.

Unfortunately I was advised of the opposite by my insurance company. I was told that I either make a full claim on my unsurance with excess and NCB loss or pursue a third party claim with the man's at the fault insurance.

KimJongUn88

Mishomeister said:

Mercdriver said:

Mishomeister said:

DoaM said:

So what have your insurance said about this? Why not get them to handle it all and recover the costs from the other party?

Claim via my insurance will result in a loss of of no claims bonus and a very big excess payment that would have to be paid by me. It is not financially beneficial to claim through my insurance.

If the other side is found at fault, you will get your excess back.  No claims shouldn't be affected as long as the case isn't still open at time of renewal.

Unfortunately I was advised of the opposite by my insurance company. I was told that I either make a full claim on my unsurance with excess and NCB loss or pursue a third party claim with the man's at the fault insurance.

Your insurers are correct. Even if they make a full recovery of their outlay, they won’t recover your excess for you as it’s an uninsured loss and you still have to recover that yourself from the third party insurer.

Mishomeister

KimJongUn88 said:

Mishomeister said:

Mercdriver said:

Mishomeister said:

DoaM said:

So what have your insurance said about this? Why not get them to handle it all and recover the costs from the other party?

Claim via my insurance will result in a loss of of no claims bonus and a very big excess payment that would have to be paid by me. It is not financially beneficial to claim through my insurance.

If the other side is found at fault, you will get your excess back.  No claims shouldn't be affected as long as the case isn't still open at time of renewal.

Unfortunately I was advised of the opposite by my insurance company. I was told that I either make a full claim on my unsurance with excess and NCB loss or pursue a third party claim with the man's at the fault insurance.

Your insurers are correct. Even if they make a full recovery of their outlay, they won’t recover your excess for you as it’s an uninsured loss and you still have to recover that yourself from the third party insurer.

Yes. So there is no benefit whatsoever to do anyrhing through my insurance. I anticipate the costs to repair the car will be very roughly 1k. The excess is £500. 
For a sake of gaining £500 losing no claims discount and also spending £500 of my own money I believe I am better off trying my luck in small claims court.