Ask a Law Question, Get an Answer ASAP!
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
How to proceed in what way? Are they making a claim against you or you want to make a claim against them please?
I want them to accept liability and pay for the damage to the car, so want to make a claim against them.
Have you made a claim on your insurance? What is the cost of the damage?
Not yet, the excess is way too much I'm guessing the damage is around the 2k mark, but I need to get it assessed properly. I do not want k go through her insurance company.
You need to make a claim on the insurance. They will seek to recover sums from the other side, otherwise you have to do this yourself.
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 recorded 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/n001-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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Hi Thank you,
Thats a big help.
One last thing, we are not going to go through her insurance so will be doing this ourselves. Can you recommend any sites or places that I can find information on car parking rules/laws around health and safety? I want to ensure that the letter I send has clear reasons as to why I am making a claim.
Sadly I dont. I only know legal sites for case law etc.
Legal case law site: http://www.bailii.org/
Does that help?