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Joshua
Joshua, Lawyer
Category: UK Traffic Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My car was damaged by someone scraping down the outside whilst

Customer Question

My car was damaged by someone scraping down the outside whilst they were driving past my parked car.
A lady left a note to apologise for the damage and left her telephone number on a note she attached to my car.
I rang the lady and she asked me to get a quote for the damage and not to inform my insurance company as she would settle it herself.
There was damage to both the offside doors and I got 3 quotes all in the region of £750.
I rang the lady back to inform her of the quotes and she went bollistic saying noway was there that much damage and I was trying it on.
She said the damage should be no more than £200 and I should get a quote from a mobile spray contractor.
I did this and the guy quoted £450 but he also said my damage was not really suitable for his technique of re-spraying as the scratches were too deep and that it really needed a professional repair where the paint would be blended in.
He put his quote and his recommendation in an email to myself.
When I rang the lady she became very aggressive and said that noway was she paying and if I tried to claim on my insurance she would just deny doing any damage and just say she clipped my wing mirror.
My insurance excess is £600 and I am sure the insurance company would just settle 50/50 with me basically not receiving very much towards my repair with a double whammy of losing my no claims bonus and paying higher premiums in the future.
I still have her original note on which she admitted bumping my car and the telephone number she left.
What options do I have and what would you suggest I do next.
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Joshua replied 2 years ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Do you have the lady's name and address or just a telephone number please?

Customer :

Just a telephne number

Customer :

but I guess I could find her address from the phone number

Joshua :

No name?

Customer :

no she has not told me her name

Joshua :

Thanks. Ideally you need to ascertain her name and address so you know who you are dealing with. If she refuses to give it to you you may be able to make a report to the police as it can be an offence to leave the scene of an accident without leaving ones details. SHe has left a number but this is not really sufficient

Joshua :

You should consdier making a report to your insurer regardless of whether you intend to make a claim against your policy or not becuase it is often a term of your insurance that you report incidents to them in order to be covered for an incident.

Joshua :

You insurers may be able to assist in ascertaining her identity.

Customer :

but even if i get her identity isn't she just going to say she didn't do the damage ?

Joshua :

In terms of the lady on the positive side you have a note admitting liability albeit not explicitly what damage she caused but you have quotes that refer to the damage so it should not be overly difficult to sustain a claim agianst the lady in question.

Joshua :

Fundamentally it is a question of your word against hers but you have a note admiting that she hit your car which sway the balance in your favour.

Customer :

she has said that the damage I have got quotes for was for damage that must have been there before she "just clipped" my car.It certainly wasn't.

Joshua :

Ideally try to get something in writing between the two of you. Ask her perhaps for an email address so you can send the quotes through to her so you can show corrrespondence between you if the matter goes to court. Telephone conversations are difficult because the details are not clear.

Customer :

Is trying to make a claim through the small claims court an option

Joshua :

Once you have her identity you can either pursue a claim through your insurers or consider using the moneyclaimonline service which is the county court's online issuing service (small claims). You only need to show on the balance of probability that she cause the damage which is not an overly high test.

Joshua :

You do not have conclusive proof but one rarely has conclusive proof in RTA matters as frequently one party will deny liability. THe court fees for small claims are not high

Customer :

could i make a claim in the small claims court without going through my insurance company first

Joshua :

You could certainly but I would suggest you consider reporting the incident to your insurer nevertheless. You can advise them that you do not wish to make a claim at this stage but want to record the incident with them.

Joshua :

It is often a condition of your cover that you report incidents to them and they may be able to help you with tracing her details should you find this difficult.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

Joshua :

The first condition is that it would be unconscionable because of an estoppel for the neighbour as owner to seek to dispossess you of the land and the circumstances are such that you ought to be registered as the proprietor. For example that the neighbour advised you you could have the land

Joshua :

Sorry apologies - please ignore the last post - it was meant for another thread. Please let me know if I can help any further.

Joshua :

Kind regards

Customer :

my concern is that if I tell the insurance company about the bump,even if I say I dont want to make a claim,they will have that on file and I will be penalised by larger premiums in the future.

Customer :

That happened when my wif'e car was damaged at work by a delivery vehicle.

Customer :

The driver of the other vehicle admitted liability and his insurance paid out but when my wife came to renew her policy the quote she got was £27 more when she disclosed the no fault claim,than if she said she had no cliams whatsoever

Joshua :

An insurer should not hold an incident that was not your fault and under which you do not make a claim against you for the purposes of calculating a premium but that is not to say that some do not as they are entitled to calculate premiums any way they wish subject to discrimination laws. If you feel uncomfortable involving your insurers there is no requirement that you do.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

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