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One of my drivers had a accident with my van at work the van…

one of my drivers had...
one of my drivers had a accident with my van at work the van was 3 rd party fire and theft the driver said that a truck hit her on the motorway and she did not get any information from the truck as she said it kept on driving.due to this her word is the only proof of evidence. and with that in mind i have told her she needs to pay for the damages to the vehicle and she is refusing
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Answered in 8 hours by:
1/23/2018
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,496
Experience: Solicitor
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Hello my name is ***** ***** I will help you with this.

Why does the employee need to pay?

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Customer reply replied 5 months ago
She is self employed contractor and she had no witnesses of the accident the vehicle was 3rd party fire theft insured if she had got the information of the so called vehicle that hit her it would probably be different

Ok - but did your contract with the person say they would be responsible for the damages?

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Customer reply replied 5 months ago
She didn't call me straight away or the police to report the accident she waited to the next day to let me no

Ok - if you have a contract which says she is liable then you are ok.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,496
Experience: Solicitor
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Jamie-Law and 87 other UK Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank u very much this has answered my questions

Great. If I could ask you to rate before you go, so that I am paid! Thanks

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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).

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