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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I owned a 14 year old Vauxhall Corsa. On the 5th January I

Customer Question

I owned a 14 year old Vauxhall Corsa. On the 5th January I transferred ownership to my son for his 20th birthday. As the car had been sorned for over 2 years I had to service, mot, tax and do certain improvements to make it road worthy.

On 17th January whilst at home watching tele a drunk driver crashed into our parked car pushing it into our neighbours parked car. The drunk driver says that an oncoming car crashed into her causing her to go into my son's car and then sped off. Our insurers say that my son's claim will be a fault claim as the drunk was not the cause of the accident. Although my neighbour has been driving for over 30 years and has protected no claims, this is my son's first car. The insurers will not repair the damage and will pay about £500 for the car (the excess is £400). Can we sue the drunk for criminal damage as my son has no car, will lose his no claims and has to find the balance of £1660 insurance premium as he was paying monthly.

I had assumed that my neighbour would claim from us, we would claim from the drunk and it would be up to her and her insurers what happens after that.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you have the details of the driver and is the total value of your claim £1600 please?
JACUSTOMER-i28i541v- :

The face value of the car is £500 but the car is (was) in immaculate condition with about 45000 miles on the clock. To replace the car with an equivalent would be about £1500-£2000 and how do you work out how he will be affected in the immediate future with his insurance applications. We do have the driver's details she was arrested at the scene.

Alex Watts : Ok good.
Alex Watts : You need to write to the driver and set out your losses and request payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Can I clarify anything for you about this today please?
Alex Watts :

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