Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Have you been given evidence to show that the area which was repaired was the one you hit?
no , at the time it was avisual inspection by the driver and myself
hi ben,what are my options
You could argue this may not have been the damage you caused and ask them for proof that the work was done on this specific area. If, for example, the garage that made the repairs can confirm that then it would be reasonable to presume it was the same damage. If they cannot provide such proof you could refuse to pay until they do so. If they are unhappy with your decision they can consider whether to pursue you further for this money, it could be by issuing a claim in the small claims court but then as they are making the claim it would be for them to show that on the balance of probabilities the damage that was repaired was caused by you. So they would still at least some evidence to show this was most likely the case
sorry, in laymans terms my options are,
argue the case or pay, which would you recommend. Would a small claims court end up being more expensive
Well it's difficult to say which option is the best as no one can predict how they will proceed. If they were to sue then potentially it could become more expensive but not by much - worst case you would be asked to pay what you owe, their court fees and nominal interest, so it could double the amount but you are not looking at hundreds more, that's for sure
So I should ask politely for evidence that the repair was my fault. What about the aspect that the driver said he had similar damage the week before?
That is circumstantial to be honest - it is entirely possible that he genuinely had a bump the week before, followed by yours and then had yours repaired for the costs claimed
Ok, I knew I should have stayed at Law school and finished my degree!
appreciate your advice
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