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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask does your sister accept that the vehicle was a VW Transporter as is claimed please?
yes she looked on the internet and put the car name in and recognised it as a similar one but old
Based on what you say in term of events there would be no questino in law that she is liable for any damage caused to his car and from what you say she does not dispute this. The relevant law is something called the law of Tort and it is this law that underpins all road traffic accident claims, personal injury claims and so on.
The law holds that in driving a car you owe others on the road and around you a duty of care. If you fall below that duty of care - by in this case crashing to something - then you are liable for any loss suffered by the other party.
In this case it would be any damage caused to his wing mirror. She is not liable for more than the cost of the repair to the wing mirror and is quite entitled to request a copy of the repair invoice in order to make settlement.
In addition the other party is required to mitigate his losses so far as possible and accordingly even if he supplies a repair bill that reiterates the figure he requests, if the figure seems unreasonable in your sister in laws view then she can dispute this. It is sometimes known for a person to get his "mate" that works at a garage to inflate a bill and then split the costs between them - it would be fraud but it can happen.
Accordingly how your SIL chooses to proceed is likely to largely depend on the figure requestes. If she thinks the figure he requests seems reasonable then she may just decide to pay without further evidence. Bt if it seems on the high side, she can ask to see a copy of the invoice and ask a local garage for a quote for a hypothetical wing mirror replacement for comparison and if the invoice is inflated, consider challenging it offering to pay what she things is reasonable on the basis he could have had it repaired more cheaply elsewhere. This is a quite legitimate legal practice.
In respect of her offer of payment, she should include the following words in her covering letter with her cheque "I enclose without any acceptance of liability but as a gesture of goodwill the sum of £x in full and final settlement of any liability towards you."
If he then banks the cheque he will have no further claim against her.
Is there anything above I can clarify for you?
No that is great advice I shall tell her.
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me
She did not tell the other driver her address and does not wish him to know as he does seem abit seedy so would just her printed name and signature on the cover letter to him suffice?
Yes she has given him contact details which are genuine so she has not left the scene without providing details which is a criminal offence. She does not have to give him her address. She can conclude the matter by email if she wants to see documents for example
BTW she is prepared to pay this amount to end the matter promptly and does not require receipt from the person as proof of costs or work carried out
I think that is probably wise if the amount is reasonable - she does not want to elongate the process if it is a question of quibbling over a few pounds.
She is making payment by bankers draft to conclude matter.
I would have thought a cheque is better - a bankers draft will cost money and is difficult to replace if it gets lost. But thats up to her.
The important thing is to send a draft or cheque under cover of a letter including the above words.
Is there anything else I can help you with?
No thank you you have been v.helpful
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