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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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About 6 months ago I had a car accident outside my house. As

Resolved Question:

About 6 months ago I had a car accident outside my house. As I was reversing my car I hit another car that was stationed at the other side of the road. Inside that car were a man and his fiancée. I said to the man because the damage I caused to his car (one inches dent at the corner of the bonnet) was so small it was not worth going through the insurance and offered him to pay in cash. He said it was not necessary because his uncle who is a car mechanic would fix it. Three months later I received a text message from him asking me to pay for the damage. I said to him to get a quote from his uncle (the car mechanic) and then I’ll get a quote from my mechanic and I would pay him. He didn’t like my mentioning of my car mechanic and said nothing. After 3 months (6 months after the accident) I received another text from him saying the damage cost £270 (dents and repaint back bumper and back side panel). I didn’t answer his text message neither did I make an offer to him because what he says is not true. The damage I caused to his car was just one inches dent at the bonnet, nothing else. The problem is my current insurance can’t help me because I wasn’t with them at the time of the accident and my previous insurance can’t help me either because I hadn’t reported the accident at that time. So now I’m expecting to receive a letter from his insurance. I have two options. Either I pay him whatever he asks or take the case to a court. It’s not right to pay him whatever he asks since I didn’t do the damage he claims I did. (Should I pay him £270 or £500 or £800 or whatever he says???) If I take the case to the court couldn’t I ask to see photographic evidence of the date of the accident that shows the level of the damage of his car? (He hadn’t taken any pictures at that time so if he shows any pictures at the court they will obviously be fake). At the court couldn’t I ask to see 3 different quotes of the damage? (not just a quote from his uncle) This man is trying to make money out of nothing. Because his uncle is a car mechanic he will have made a deal with him so they can make money. The problem is that I have lost the registration number of his car. The only I remember is that it was a black car.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.


As you caused the accident and it was your fault, you would be liable to pay for the damage caused to the other person’s car. Now as you have identified, the problem is with the value of the damage and the amount needed to repair it. It is true that he could claim anything he wants but that does not mean you have to agree to pay it and you can ask for proof of the value of the damage and not just from someone like his uncle who may have a biased opinion on it.


 


Whilst he has made requests for payment, there is not much he can do at this stage apart from just that and perhaps threaten you if you do not pay. If he wants to pursue you for the money then he would have to take you to court first (it is not for you to take him to court as he is the one after the money). As he is the one that would be making the claim it would be for him to prove that the money he is after was genuinely incurred and that it was what the damage cost to repair. So he has to provide the evidence to convince the court that the £270 is what it actually cost for the repairs. The less evidence there is and less convincing his argument is the more doubtful the court would be and the less likely they are to award him the full damages. Also remember that all of this depends on him taking the matter to court in the first place. He may never do that and just try to pressure you into paying now, so there is still a long way to go and a lot more for him to do before you are forced to pay anything.

Customer:

Thank you for helping me. I much appreciate it. so I just have to wait for him if he pursue the case. If i hear anything from him or from his insurance I'll get back to you for further advice.

Ben Jones :

Yes you are welcome to get back to me as needed. As mentioned, remember there is no guarantee he will take it any further, he can threaten you as much as he wants but until he goes to court and wins there is not much he can do.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

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