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Yes if there is a difference in the amount of compensation and the amount of damage actually caused however the county court will take into account that the magistrates considered your means when considering the compensation that you should pay and that this was the maximum you could afford and therefore may be minded not to order that you pay anymore. It is very rare for a third party to use the county court to try and recover more money as they know that there is a substantial risk they wont get any.
They are trying to scare you. S152 relates to claims by one insurance co against another and requires the insurance company of the other party to give you and therefore your insurance company at least 7 days notice before they issue or have issued proceedings to recover any loss. I doubt you were covered by your insurance co when you kicked the other car. I would write back to insurance co and tell them about the compensation you were ordered to pay and the fact that the court took into account your means when they considered how much you had to pay and that also you are not covered by insurance as your alleged acts were not covered under your insurance. If they are covered by your insurance you need to inform your insurance co asap.
Today I received a small claim summons from the other parties insurance on his behalf. They are claiming £2,525.37.
It say on the letter that I have been convicted of vandalism for kicking his car but does not mention that the court took into account financial circumstances and awardered him £75 compensation.
I would just like advice on what to do.
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