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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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hi I was involved in a minor collision and the other person

Customer Question

hi I was involved in a minor collision and the other person involved has through her insurance company issued legal action through the county court. I sustained dmage to my van and she suffered damage to her car.
I got her to obtain an estimate for any repairs to see the extent of the damage, she forwarded a bill for £350 but it included repairs to a door which was not damaged in this incident. The garage then invoiced her insurers nearly £1600 for the same work and because I refused to forward any details as I was being ripped off, a county court summons has been issued for the full amount.
I have the original estimate do I have a defence?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Do you admit fault for the accident?
JACUSTOMER-xrtkr8jm- :

no I didn't. If I am being honest it was probably 50/50 but I had to turn across the front of the car and she thought I was trying to push in front of her and she nudged forward to stop my left turn

Alex Hughes : OK. The first thing the court has to determine is liability, in other words, who's at fault. Obviously, if she's at fault you pay nothing; if you're liable then you pay or, as you've quite rightly pointed out the collision could be determined on a 50/50 basis.
Alex Hughes : Once the issue of liability has been established the court then decides how much should be paid. If the written estimate you have is far less than the claim then I agree that you can challenge the amount.
Alex Hughes : Challenging the value of the claim is not a defence to the allegation - but the other party is only entitled to recover an amount which is fair and reasonable. Remember that although you may have been told £350 by a local garage an insurance company's approved garage might charge more. It's like the difference between going to Joes Bloggs Garage at the top of the road and a proper approved garage. You can ask the insurer for a breakdown of the charges being claimed and look at whether you are actually being ripped off.
Expert:  Alice H replied 2 years ago.
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Customer: replied 2 years ago.

the estimate was from exactly the same garage!

Customer: replied 2 years ago.

the estimate for repair was from the exactly same garage

Expert:  Alice H replied 2 years ago.
Unbelievable! You must challenge this all the way. I agree that it sounds extraordinary that a bill for £350 has jumped to £1,600. So, liability aside, you should challenge the amount involved.