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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice.
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Accident 12/04/15 My car was parked on Osbourne Road, in

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Accident 12/04/15 My car was parked on Osbourne Road, in Altrincham on 12th April 2015. I was in my house at the time of the incident. My Dad called me and said there was a man at the door called himself Darryn Nikolaisen, and said he had just drove down
the road and caused some damage to my car. Both myself and Darryn went out to assess the damage. The wing mirror was completely broken off, there was heavy scratches to the front panel, passenger door and rear passenger door. Darryn apologised for what happened
and said he was tired and not paying attention. I asked him how he wanted to deal with it. He asked if he could pay for the damage personally instead of using his insurance as he didn't want to claim on his access. I agreed and we exchanged numbers. I said
I would try and source some second hand parts on Ebay for the wing mirror to reduce the cost and we would sort the rest of the damage out later. We exchanged phone numbers and he left. Michael Carroll from*****then came out and said he heard a
loud bang and took down the registration plate of the van. Over the coming weeks months we spoke over text message to try and resolve the matter. He then started making excuses as to why he couldn't pay, lost his job etc. Then just stopped responding altogether.
The road is busy as there is a school at the end, so I put a note in my window in the hope someone may have witnessed the accident, luckily they did. I was contacted by a man called Craig Lyons who picking his son up from school that day and witnessed the
accident, but he didn't know who the car belonged to to inform them (me). I have contacted my insurance and they have submitted my information and evidence to Darryn's insurance company. His insurance company have tried to contact Darryn to resolve the matter
but he has not answered. So now my insurance company have come back to me and said there is nothing more they can do. The only option is to pay my excess of £500 and put a claim in on my own insurance to get this resolved, which I do not want to do as it will
increase my insurance premiums. So my questions are; 1. Can I submit a court summons directly to Darryn to get this situation resolved? 2. Based on the information above, what do you think my chances of winning are? Thanks Dave
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
How much will it cost to repair?
Customer: replied 1 year ago.
Around £3,000 as the electric wing mirror needs replacing and the door respraying.
Expert:  Jo C. replied 1 year ago.
Have you had more than one quote?
That seems on the high side?
Customer: replied 1 year ago.
Yes I thought the same to be honest. I'm going to get some more quotes this week.
Expert:  Jo C. replied 1 year ago.
OK.
Do you know if the other driver works?
Customer: replied 1 year ago.
Yes, he has a courier company.
Expert:  Jo C. replied 1 year ago.
It is a small claims court sum so it would be cheap enough to sue and easy to issue. You can do so here
www.moneyclaim.gov.uk
If he is in gainful work then he is worth suing.
On the facts you describe above he has admitted the claim and I have no idea what his defence could be.
I would send him a letter before action before you issue though to protect yourself from costs. They are easy to send and sometimes achieve the end you want without the need to go to court.
On the face of it though, you have a good case.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
No that's great, thanks.I just wanted to make sure I was doing things correctly from a legal standpoint.I'll send a letter first like you suggested.Thanks again
Dave
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70003
Experience: Over 5 years in practice.
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