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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).