Taking someone to small claims court over accident

Banned 64
Found 15th Feb 2011
They said they would pay for the damage all I'm asking is £150 for a respray but they are well ignoring me. Found out quite a bit of information on him, he's a director of 2 companies I have confirmed he lives where he says he does. His car is in his drive on google earth street view, his wife is 15 years younger than him and they are joint directors of one of his companies.

So anyway...small claims right?

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64 Comments

Send him a 'letter before action' advising that if the payment isn't received by X date legal action will be taken and he will be liable for costs

Banned

lol i dont think anyone is gonna be advising you with that huge amount of detail and circumstance you hve provided

if they do they should be given an extremely wide berth

Original Poster Banned

whatsThePoint

sounds more like a case for smashing his car with a hammer



My tow bar already saw to that

why didnt you just go through insurance?

Banned

jamstaruk1972

why didnt you just go through insurance?



+1

Original Poster Banned

casparwhite

if they do they should be given an extremely wide berth



found him on facebook lol...I'll leave a wall post "OI GIVE ME MY MONEY BITCH"

Think i've nailed him, he's wearing glasses in the picture. He wasn't wearing glasses when he got out of his car. Now if only I had taken photos.

http:// IMAGE REMOVED




Edited by: "lumoruk" 15th Feb 2011

Banned

his wife 15 years younger? she must work hard. looks about the same age

Original Poster Banned

jamstaruk1972

why didnt you just go through insurance?



Because I'm not stupid?

lumoruk

Because I'm not stupid?



What is " stupid " about using your insurers?

Inactive

What is " stupid " about using your insurers?



I'm glad you asked, because that has confused the hell out of me!

From your rather small OP about some kind of accident, I'm gathering someone has hit you and you think going through his insurance is "stupid"?

Did you suffer any head injuries through this accident by any chance?

jonny619447

From your rather small OP about some kind of accident, I'm gathering … From your rather small OP about some kind of accident, I'm gathering someone has hit you and you think going through his insurance is "stupid"?Did you suffer any head injuries through this accident by any chance?



Yes a whiplash claim for a few thousand would be fun!

I guess avoid insurance because either OP has none or else does not have a protected no claims and would face increased premiums next year.

Last time someone hit my car, I was happy to take their cash - old car and no intention of getting it fixed and I run them into the ground so it would not be sold.

Banned

lumoruk

found him on facebook lol...I'll leave a wall post "OI GIVE ME MY MONEY … found him on facebook lol...I'll leave a wall post "OI GIVE ME MY MONEY BITCH"Think i've nailed him, he's wearing glasses in the picture. He wasn't wearing glasses when he got out of his car. Now if only I had taken photos.


Now if only you had done the proper thing and informed your insurers! (whistling smiley)

Insurance! He's had time to pay up and thinks he's above the law. Were there any witnesses to back you up?

http://www.mrtees.com/images/Karma-Recicle.gif

Banned

OP is creepy.
Any sane person would simply go through insurance.

Personally, I think the 'stupid' thing to do is to find out his facebook profile, that his wife is 15 years younger than him (what has that to do with anything?), and that he sometimes wears glasses.

Insurance!

Original Poster Banned

i've got 9yrs no claims its 3rd party fire and theft only. Car only worth £600-£700. If i was to go through insurance they would look at all the damage he caused and write it off. I would buy it back and cost me more than £150. I've never been through insurance so i don't know how these things work. It was back in december. I won't be as trusting next time and will march them to a cash machine.

When i got run over on my bike the girl was round my house the next day to buy me a new bike.

If its not your fault then you dont lose no claims.

AberdeenDad

Yes a whiplash claim for a few thousand would be fun!I guess avoid … Yes a whiplash claim for a few thousand would be fun!I guess avoid insurance because either OP has none or else does not have a protected no claims and would face increased premiums next year.Last time someone hit my car, I was happy to take their cash - old car and no intention of getting it fixed and I run them into the ground so it would not be sold.

If the OP's car was hit by another car then it does not affect his No claims bonus (unless that rule has changed ).

Sounds like the OP had No Insurance & the other guy knows this & so is not paying him.

Original Poster Banned

hu i've never been without insurance.

lumoruk

i've got 9yrs no claims its 3rd party fire and theft only. Car only worth … i've got 9yrs no claims its 3rd party fire and theft only. Car only worth £600-£700. If i was to go through insurance they would look at all the damage he caused and write it off. I would buy it back and cost me more than £150. I've never been through insurance so i don't know how these things work. It was back in december. I won't be as trusting next time and will march them to a cash machine.When i got run over on my bike the girl was round my house the next day to buy me a new bike.

You don't do anything except pick a phone up & call your insurers & give them the details.They will contact his Insurance company & you will then receive a cheque in the post.They may ask you for a couple of quotes from garages,but must be better than jumping on facebook etc....

If it was not that long ago then you may still be able to report it.

Banned

If it wasn't your fault, it doesn't effect your insurance - his insurance pays for the damage.

Gee, you need to go to a hospital an get that head injury sorted out.

JonnyTwoToes

OP is creepy.Any sane person would simply go through insurance.



I wouldnt if it were small and the other person would pay cash to get all damage repaired, so i guess that makes me mad.....

Someone reversed into my wing, and I did the insurance thing. completely their fault, i had to pay the excess up front (got that back eventually) and then 6months later my insurers put my renewal up by £250....

Original Poster Banned

as i was saying. Thanks mod for unspamming.

I've read countless stories of people going through insurance and having their premium put up. They go on the website for a renewal without the no fault accident as all they ask is if you've been in an accident and claimed for it, and its cheaper. As above has proved.

do you have proof?

Do they not ask when applying for new insurance "have you made a claim in the last 5 years that you have been at fault" ?

Original Poster Banned

other than his paint on my car. It was rush hour like him they were all in a rush to get home. So nope. Will give him a call and get him to confess on phone while secretly recording the conversation ensuring i don't entrap him. Before you say anything its legal for my own personal use and court.

splatsplatsplat

I wouldnt if it were small and the other person would pay cash to get all … I wouldnt if it were small and the other person would pay cash to get all damage repaired, so i guess that makes me mad.....Someone reversed into my wing, and I did the insurance thing. completely their fault, i had to pay the excess up front (got that back eventually) and then 6months later my insurers put my renewal up by £250....



Why did you not go through their insurers instead of your own?

Original Poster Banned

no its if you were at fault or not.

lumoruk

other than his paint on my car. It was rush hour like him they were all … other than his paint on my car. It was rush hour like him they were all in a rush to get home. So nope. Will give him a call and get him to confess on phone while secretly recording the conversation ensuring i don't entrap him. Before you say anything its legal for my own personal use and court.

It's not legal to record a phone call without telling the other person.
OP this is not some secret FBI mission.....Just go around to his house or work & ask him what's happening & you will then know by his reply if he's taken you for a ride or not.

Then if he is it's up to you what to do next.

WheresMeNuts

It's not legal to record a phone call without telling the other person.



Errr, yes it is.



Also, has the OP ever heard of contact lenses? Or laser eye surgery? Or reading glasses? Or wearing glasses for fashion?

Banned

WheresMeNuts

It's not legal to record a phone call without telling the other person.



Yes it is.
Giving it to a third party (ie a court) may make it illegal, but the actual recording isn't.

colinsunderland

Yes it is.Giving it to a third party (ie a court) may make it illegal, … Yes it is.Giving it to a third party (ie a court) may make it illegal, but the actual recording isn't.

So what would be the point of the recording if you can't use it as proof ?

You're still supposed to report this to your insurance company, and inform them that the guy who hit you is paying for the damage and you don't wish to make a claim. You can then request a copy of the info you've provided them with to back you up if you take it to court. Plus inform the guy that you have notified your insurance company and provided them with his information. Then copy him a letter from one of the links. Do tell your insurance company though, just to back you up. Failing that, a fake Facebook account and (fake?) affair with the young wife should upset him sufficiently!

You're still supposed to report this to your insurance company, and inform them that the guy who hit you is paying for the damage and you don't wish to make a claim. You can then request a copy of the info you've provided them with to back you up if you take it to court. Plus inform the guy that you have notified your insurance company and provided them with his information. Then copy him a letter from one of the links. Do tell your insurance company though, just to back you up. Failing that, a fake Facebook account and (fake?) affair with the young wife should upset him sufficiently!

Banned

WheresMeNuts

So what would be the point of the recording if you can't use it as proof ?



I have no idea, I was commenting on the fact you said it was illegal when it isn't.
If he does have a recording admitting fault then if the guy trys to back out he could play him the recording back and bluff him if nothing else.

colinsunderland

I have no idea, I was commenting on the fact you said it was illegal when … I have no idea, I was commenting on the fact you said it was illegal when it isn't.If he does have a recording admitting fault then if the guy trys to back out he could play him the recording back and bluff him if nothing else.

Seems pointless to be able to record someone if you can't use it.Another stupid rule in this Country.

WheresMeNuts

Seems pointless to be able to record someone if you can't use it.Another … Seems pointless to be able to record someone if you can't use it.Another stupid rule in this Country.



You can use it, just its uses are limited.

I would imagine that a court could give you permission to use it if it was helpful to the case. You could also use it to show the other party that you have proof of what was said. I doubt it would help their case in court if they refused to let you play the recording, something to hide etc!

Banned

splatsplatsplat

I wouldnt if it were small and the other person would pay cash to get all … I wouldnt if it were small and the other person would pay cash to get all damage repaired, so i guess that makes me mad.....Someone reversed into my wing, and I did the insurance thing. completely their fault, i had to pay the excess up front (got that back eventually) and then 6months later my insurers put my renewal up by £250....



I must of missed the bit where this guy was offering cash......
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