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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A truck has driven into my boundary wall and knocked down a

Resolved Question:

A truck has driven into my boundary wall and knocked down a section and damaged a gate post their insurer is refusing to settle the claim disputing the quoted amounts I want to pursue this in the SCC do I issue against the Driver or the Company ?

At present I don't know if the driver is self employed to the company or employed by them.

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
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 signed 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Do I direct this to the driver personally or his employer presuming he is not self employed.

Expert:  Ash replied 1 year ago.
I should add you can sue the driver.
Alex
Customer: replied 1 year ago.

Can or should ? and does this alter if he was directly employed or self employed, as I would imagine that his insurers if self employed or the companies insurers if not will have a very good legal team and I don't want the claim to fail on a technicality on the claim been directed to the wrong person/company.

Sorry for extrapolating this but I would like to get it clear.

Expert:  Ash replied 1 year ago.
You always sue the driver. They are the one which has caused the loss
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex