Accident 7 months ago - Insurance or Small Claims?

Sleepy_2

A young driver went into the back of my 2001 Mondeo in Nov last year(approx 7 months ago now). He admitted liability and asked if we could keep this between ourselves and not go through the insurance company. I agreed.

I got a friend to have a quick look at the damage, it looked as though a 2nd hand bumper and a cheap respray in a nearby town that we could keep the cost quite low at £150. I called the guy who said that £150 was less than he thought it was, and would get me the money to me at the end of the month.

The end of the month came and went, Christmas came and went, so did Easter. I started chasing just after Easter, he apologised for not paying yet, but would do soon.

He didnt pay & he didnt call. After this, I called most weekends, he started ignoring my calls unless I witheld my number, or if used a different number. Eventually I ended up going to his house (not in a gangster way though! :cool: ) - he said that he would pay next week!

I asked him to call me if he couldnt pay, just to let me know - I didnt want to keep chasing :mad: - that was 3 weeks ago - I've heard nothing - he has never actually called me once in all the 7 months.

I'd like to think that I was giving in the guy chance and not subjecting him to crippling insurance premiums, but now I feel like I've been taken for a ride.

Should I refer it on to my old insurance company as I'm with a different insurance company now, or should I lodge a small claims court online - or should I just chalk this one up to experience?

Quentin

If you know his address, (and you think he has the money), then MCOL is the easiest route.

You wouldn't want to claim on your own insurance for £150, and risk losing NCB over this. How much is your excess anyway?

Sleepy_2

Yes, we know where he lives, and it looks like he still lives with his Mum & Dad. He has said that he works full-time and he drives a newer car than me - 05 Fiesta which he has modified (lowered, alloys, stereo, etc).

I think that my excess was around £250 - but I thought that I wouldnt need to pay out on this if the other party had admitted liability?

Quentin

If you claim off your own insurance for damage to your own car you get the claim paid less your excess. If the third party is at fault you then have to chase them for the excess (maybe using legal expenses insurance if you have it).

There seems little point (at any time) claiming off your own insurance for £150.

Go for MCOL. It will cost £25 to issue a summons which you will get back off the defendant if you win the case.

Sleepy_2

I think that you've confirmed what I thought I should do. I'll have a look at MCOL tomorrow.

Its just frustrating that all the guy needs to do is say "I havent got the money this month" or "I can give you £50 next month and £50 each month after that" - its just the way he's hoping that he'll get away with it that has really annoyed me.

missile

Sleepy wrote: »

I think that you've confirmed what I thought I should do. I'll have a look at MCOL tomorrow.

Its just frustrating that all the guy needs to do is say "I havent got the money this month" or "I can give you £50 next month and £50 each month after that" - its just the way he's hoping that he'll get away with it that has really annoyed me.

He is taking the pizz, I am surprised you have waited so long to take him to court. You might want to write and tell him that you will be taking him to court - which will cost him more money. If you have legal cover, it might be worth speaking to them first. They will most likely write the letter on your behalf and that costs you nothing.

I hope you have an independent witness? I had one joker who claimed I reversed into him!