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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32426
Experience:  Over 5 years in practice
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I am a 78 year old pensioner in failing health and disabled.

Customer Question

I am a 78 year old pensioner in failing health and disabled. I live in a rather remote area and need a car as "back-up" to a poor transport system.
In January I used my savings to purchase a small automatic suitable to my circumstances. As I was driving home ,in the outside lane of a three lane road approaching traffic controlled junction signalling my intention to turn right, the car on my right, slightly behind but alongside, collided with my car doing some damage to my wing. ( I believe the driver was probably using a cell-phone but cannot prove it). We exchanged details but have had no response to my claim.
I had insured the cat with a one-week policy in order to ensure I was properly insured to drive home. ( My insurance covers me to drive other cars but not two cars at once on the same policy). Aviva, the short term policy holder refuse to act on my behalf because the car was nota write-off. ( A clause I had failed to spot) My own insurers refuse to act for me because they were not covering the cat at that time. I argue of course that neither should be held liable for any costs as the other driver was clearly at fault but hoped they would pursue the claim for me but they will not.
Now somebody has vandalised the car and I need to have it resprayed. This will cover the area of damage to the wing. It seems pointless having the damage area resprayed now only to have the wing repaired later involving another respray, so to minimise the costs of any claim for the damage I am considering paying for the repair myself and claiming through the small-claims court for cost of the repair.
Please can you advise me whether this is a correct and proper cours of action ?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

I am sorry to read of your circumstances. May I clarify one point with you - why is the issue not covered with your temporary policy? I note you refer to the car not being a write off - could you kindy elaborate on this particular clause you refer to?