Car Accident - Being Sued

HGrace · 14 June 2018 at 10:45AM

Last year my partner's foot slipped when driving down his road and accidentally went into a parked car. The damage was pretty bad and he went through his insurance company to try and get it resolved. However, the other party thought it would be easier for them to go through some dodgy mechanic who ended up ripping them off and making the car worse, which resulted them having to go to Mini... Don't really understand why they did not just go through their insurance company like we did. Now a year later my partner has received a letter saying that he is being sued for the terrible 'repairs' made by the mechanic. Is he at fault because he caused the accident in the first place or should they be suing the mechanic for doing a shocking job?

tacpot12 · 14 June 2018 at 10:54AM

if your partner engaged and paid the mechanic directly, he might be regarded as being liable for the mechanic's work, whereas if he paid the money to the other party and the other party engaged and paid the mechanic, they are liable for the work.

HGrace · 14 June 2018 at 11:01AM

Hi didn't engage/ pay directly for the mechanic, this is something they did on their own. Neither did he give them money to pay for their own mechanic.

He got their details and went through his insurance company, however they did not contact theirs and instead went straight to this mechanic who then did an awful job. This has resulted in them suing my boyfriend for these works.

comeandgo · 14 June 2018 at 11:04AM

I would pass the letter to your insurance company. Somewhere along the line they have to pay or your boyfriend has to pay for the damage he did.

tacpot12 · 14 June 2018 at 11:10AM

But the insurance company has paid for the damage. Given the other party engaged the mechanic, they should be told that the partner will not pay any more.

If you have building/contents insurance and have legal advice cover, give the legal helpline a call and see if they agree with this. Otherwise, give the insurer a call and ask for their advice. Their legal team might be able to stop this hassle.

Mungo76 · 14 June 2018 at 12:00PM

GEt your partner to pass it onto their insurers, he (the insurers) are only liable for he actual cost of repairs to the damage caused, not a screw up.

Chances are they've been to the insurer for this already, been told to do one and are now trying to go round the houses.

Send a polite but stern letter telling the solicitors the matter has been passed to your insurer, here are their details in case you need them, please don't bother me again.

PrivateClients · 14 June 2018 at 6:00PM

Makes you question if they actually had insurance at the time. Why would an innocent party pay for "pretty bad" damage out of their own pocket when they could have just made your partner's insurer pay (either by approaching them directly or by having their own insurers pursue your partner's insurers?)

Car Accident - Being Sued

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