[Fudge]

Hello,

I am wondering if anyone may be able to advise? A family member was reversing into a parking space in June 25. When reversing (max speed 1-2mph) he slightly knocked the car behind. The guy was really confrontational and insurance details were given. Photos and a video was taken which showed no damage whatsoever. Not a scuff, mark or any cracks.

- a few weeks later, family member had contact from his insurers about the claim. Family member disputed any damage caused, and sent photos. Insurance company sent an inspector to look at both cars. This was done in August. Nothing heard since.

- This week, family member has been served with civil court papers. For a total of over £17,000. Of this, £13,000 is hire car cost (yet alleged damaged car past its MOT during this hire car period). The trade value of the car is £1400, court papers have put it at £3500.

- The solicitors are stating the car is written off! A quick google search shows the solicitors are linked to the car hire company and the ‘independent’ assessor company too. Not included in the court bundle is the insurers investigation report, however we are still waiting for it.

- I know the insurance company legal dept will address on family members behalf but does anyone know what is likely to happen? We have photos / video of both cars post incident.

thanks in advance.

[Rolebama]

I have seen the after effects of collisions where there is no apparent damage. Plastic bumpers popping back into shape, hiding further damage is not unusual, but I have seen damaged radiators, bent subframes, and all sorts of other damage hidden behind 'undamaged' bumpers. I would get a solicitor to help you. Check your Policy to see if you are insured for legal costs. Trade values are pretty much irrelevant as all they have to do is provide adverts for the same car in the retail market. This can work in your favour as well. As to the MOT expiring, that is of no consequence if there was a valid one at the time of the incident.

[Beelzebub]

Originally Posted by Fudge

- I know the insurance company legal dept will address on family members behalf but does anyone know what is likely to happen? We have photos / video of both cars post incident.

thanks in advance.

Your relative's insurers should indeed deal with it.

There seems to be no doubt that he was at fault, so the result will be a fault claim on his record. this will affect his NCD, and future premiums (he will have to declare it to any insurer for 4/5 years).

The size of the settlement, whether £1 or £!7,000 will make no difference.

[olduser]

Your relative must pass all the correspondence to his/her insurers, do not reply or make contact with any contact from the third party or their agent.
There is no need for a Solicitor on your families side.
The fight is between the two insurers. Should the insurers decide to go to court the driver may be asked to go to court as a witness.

As to the court papers - ring your insurers and tell them what has happened, you need to know if they will stop the court action against your family member or will they (family member) have to do that, and if so are any costs incurred covered by their insurance?

If the court date is imminent, you could, ring the clerk to the court, explain the circumstances, and that you have passed the correspondence to your insurers, and as far as you are concerned they will deal with this, and ask if the court needs a letter from you to explain, rather than wasting the courts time.

Good luck.