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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner's car was written off in July whilst empty

Customer Question

Hello My partner's car was written off in July whilst empty and parked, by a driver who fell asleep at the wheel. She made a claim against the sleeping driver's insurance company, who did not contest liability, but they have not offered enough (they offered
£3250) to allow her to replace the car with an equivalent model (she would need more like ~£4250) We understand that she could pursue a case against the sleeping driver for negligence. Our question is would such a case enable her to get the court to award
the amount she needs, based on the fact that she can present her own evidence for the claim amount rather than having to accept the insurance company's valuation. More details available if needed. Thanks
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Has she accepted the insurers cheque in full and final settlement please?
Ash and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.
She has not accepted the cheque.The insurer sent the cheque without any agreement or acceptance on her part, and she made it clear to them that it was not enough and she did not accept their settlement offer. She has not cashed the cheque, and intends to return it.
Expert:  Ash replied 2 years ago.
Ok, then that is ok. She can refuse to accept it and issue proceedings against the driver. It will be dealt with by the insurers and not the Defendant in person,
Given the value it would be a small claim as its below £10,000.
So yes, she can issue proceedings.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
I have paid £26, and I was offered a telephone call for an additional charge of £36, which I accepted.I sent my telephone numbers. I don't see any private contact info for Alex, What happens now?ThanksNigel
Expert:  Ash replied 2 years ago.
Do you have a number and I will call you.
Thanks
Alex
Customer: replied 2 years ago.
Hi AlexAre you still consulting at this time?
Please either call me now if you are or otherwise tomorrow morning.
07831 335011thanksNigel
Expert:  Ash replied 2 years ago.
Calling now.
Alex
Customer: replied 2 years ago.
Hi AlexThanks for the advice so far. We have one more question as part of this query.The car written off was an early 2004 mini cooper automatic 64000 miles, with sunroof and heated seats plus numerous other extras in very good condition. This specification is too rare to find the exact equivalent within a few months.
The insurers offered ~£3250 based, they say, on Glasses Guide, which we cannot verify.
We looked through Autotrader for over 2 months and found only a few near equivalent vehicles from the same year plus some more one or two years older or younger. We plotted these on the attached excel file to show the price range for a near equivalent car (automatic, sunroof but not necessarily heated seats) over a few years and it shows for that year 2004 a range of prices from £3250 to £4995 with an average of ~ £4250.Do you think the small claims court would accept, based on this evidence, our assertion that to get to the position before the negligent act, would need the average amount of ~£4250 rather than the minimum amount of £3250?ThanksNigel
Expert:  Ash replied 2 years ago.
I can't say it depends on the judge. The court can go ether way.
Alex