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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I was convicted of drink driving in December and I did some damage to a 3rd party's w

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I was convicted of drink driving in December and I did some damage to a 3rd party's wall. The person whose wall it is has claimed the money back through my insurance company, obviously I need to reimburse them. He has now issused me with a CCJ notice saying he wants another £1000 from me as the amount from the insurance company didn't meet his outlay. Does he have a case? He has accepted the money from my insurance company. His additional costs are mainly due to him appointing a loss assessor. Now, am I liable for that expense on top of everything else given he has accepted the money from my insurance company?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do you know the cost and whether this was an excess he had to pay please?Alex
Customer: replied 1 year ago.
His builders invoice was £6,900. He received £7,380 from my insurance company. He says his financial shortcomings are in excess of £1,500 which includes among other things his assessors costs of 10%. He is asking for £1,000 "as an acceptable compromise between gentlemen"
Expert:  Ash replied 1 year ago.
On what basis has he suffered more loss? Has this been evidenced?
Customer: replied 1 year ago.
No - I haven't had anything else through from him. Just a letter saying he will also have to repair damage to a hedge and herbaceous border. His loss assessors costs of 10% I assume to be 10% of the amount he has accepted and received from my car insurance company. I have had the CCJ letter through the post and therefore have 14 days to reply as to whether I settle with him or say that I don't think I am liable.
Expert:  Ash replied 1 year ago.
You need to give this to your own insurance company. I assume they have covered you - so you just pass it to them. Your insurance company will correspond and defend the claim.You are not responsible for this, your insurers are, as that is the whole point of having insurance.So send this to your insurance company.Does that clarify?Alex
Customer: replied 1 year ago.
No - I am not covered by the insurance company as I was convicted of drink driving so therefore my insurance has been cancelled. The insurance company now require me to pay back the £7,390 they have settled with the 3rd party.
Expert:  Ash replied 1 year ago.
Ah ok...... Well if it cost £6900 and he had £7380 he has no loss.Unless he provides evidence of any additional loss he cant do anything and you can defend it.He can only claim for actual loss with evidence. No evidence means he cant claimDoes that help?Alex
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
But would i be liable for his cost of a self appointed loss assessor? Surely this was his own decision to try and get more money from the insurance company and I don't see why I should be liable for that. furthermore, the 3rd party decided to go to the local press and they published my name, where I live, all of the details of my arrest and conviction with a photo of the damage to his wall.
Expert:  Ash replied 1 year ago.
He can only claim for actual losses and must mitigate his loss.If the rebuild was £6900 and he has £7380 I cant see how there is a lossHe can't profit from this which he clearly appears to be trying to do.Does that clarify?Alex
Customer: replied 1 year ago.
I understand that. However, he is saying that he has to had to repair a hedge and herbaceous border which obviously wasn't covered by the additional money the insurance company gave him. Also, would him appointing a loss assessor be considered a loss. Surely this was his decision to do this as he quite obviously wasn't happy with what the insurance company were offering. He has nevertheless accepted this.
Expert:  Ash replied 1 year ago.
Unless there is evidence of that he can NOT claim it.It was his decision, he did NOT have to appoint a loss adjuster.You are not responsible for that.Does that help?Alex
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
So am I quite right to go back to him and ask for further evidence of costs not covered and to state clearly to him that as it was HIS decision to appoint a loss adjustor it is in no way my responsibility and would then defend that claim? Also, is there any way I can counter claim given what he did with the local press. This has obviously put a lot of strain on my partner and child in and they are nervous to go out now.
Expert:  Ash replied 1 year ago.
Correct. He didnt NEED to appoint a loss adjuster.You can only counter claim if what he said is UNTRUEDoes that help?
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
One more thing. If he has incurred legal costs ie solicitors fees to fight with my insurance company, is he able to try and claim that back from me?
Expert:  Ash replied 1 year ago.
No, because it would be a small claim and legal costs are not recoverable.Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
Thank you for your help. Much appreciated.
Expert:  Ash replied 1 year ago.
No problem!
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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