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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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Hello, I have recently had a traffic collision with a drunk

Resolved Question:

Hello, I have recently had a traffic collision with a drunk driver. the driver was arrested and taken away at the scene. My Insurance company is putting a claim forward for damages etc. If there is a settlement for damages and reimbursement for the car if written off will i be able to take further civil action against the driver for example personal injury or negligence or anything else separately?

I was not at fault, the driver should not have been on the road and i fear the driver will be at a loss. My car for example was reasonable rare in terms of condition etc.

thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What loss have you suffered please?
Customer: replied 3 years ago.

HI Jo,


 


Losses will be covered by insurance legal department. I meant that i will unfairly make a loss on my car as insurance companies rarely pay the value of the car. I want to know if i can take another legal action against the driver. I feel the driver was negligent as the driver while under the influence of alcohol would have increased thinking times etc. After settlement though the insurance company would i be able to then take civil action against the driver separately.


 


Im sorry if im not being clear i would like to know if the settlement would be final for all actions or are there additional actions i could take.


 


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Provided you do not accept the money in full and final settlement, and only accept it as a part payment, you can still bring action for the balance against the individual.

If you were injured and suffered perhaps whiplash for instance then a solicitor who deals with compensation claims on a no win no fee basis is likely to deal with the car issue also as part of the overall claim. The amount of money that you would recover would not necessarily however get you another car of the same quality and condition the price you would get for the car is the price that would be paid by a willing buyer from a willing seller in practice is usually between retail and bottom book or the price that that private sale may go through.

People very often make the mistake of producing a whole load of adverts from eBay or auto Trader showing cars for sale. They are of little use unless you can also show the cars were sold at that price.

Can I clarify anything for you?

Jo
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