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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 9384
Experience:  Solicitor
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In November of last year I had my car written off, whilst

Customer Question

In November of last year I had my car written off, whilst parked outside my home. There were many witnesses to the event which detailed a young Asian male plough into my vehicle, turn his car round, & flee the scene. The registration of the vehicle was documented by the witnesses, as was a description of the driver and his passenger. Said vehicle then went on to dump the vehicle approx 1 mile down the road, and proceeded to exit the scene on foot.The police did not attend, nor did they attempt to stop the man, despite many witnesses giving an accurate description of him and whereabouts etc. When they got in touch with the naked driver on the policy of the car which was dumped & matching the registration of the one that had written my vehicle off etc, he stated he had 'sold the car to a middle-aged, white male, two weeks ago' despite not having the paperwork to prove this, & despite all witnesses describing the driver as a young, Asian male- the same as that who owned the insurance policy. On this the police chose to take the incident no further as it was 'not in the public interest.' This meant I was unable to claim for a courtesy car with my insurance in the short term, it also made it very difficult for me to attempt any for of claim at all.I had finance outstanding on my vehicle and I have been left with this cost- a cost I have been unable to pay due to the fact that my vehicle was written off & as a result I have been left with no vehicle, meaning my work has been largely impacted (I cater wedding buffets/wedding cakes & have limited means of delivering these now). It has effected my financial history so badly that I cannot afford to take out another credit agreement as the repayments are significantly higher; in short, I no longer am able to afford my own vehicle, despite the fact I had a perfectly fit for purpose vehicle that has been damaged & written off through no fault of my own, that I payed for without fail every month.My insurance- Tesco Insurance, haven't been able to help me as I do not have legal cover with them.Last week I received a letter from Tesco Insurance regarding my 'claim' stating that the insurance of the other vehicle (Tradex) would pay out a cost of £3834, £400 of this being my excess (which obviously I had to pay to Tesco & lost on the value of my car), and the remaining £3434 to go to the 'claimant' (named as me in the letter!) but as it turns out this money would go to Tesco to cover some of their costs etc. If I sign this letter Tradex will make this payment, but I then cannot seek any other form of compensation.This to me does not seem right. I feel that due to the impact it has had on my life & working life, I am surely due some compensation from the insurance with which the vehicle was under at the time it damaged my property. The stress and anxiety it has caused me and the lasting impact to my financial history is catastrophic. However I have no idea on how to go about this i.e.//adding my own stipulations to this agreement and attempting to myself gain some form of compensation from the criminal act which was inflicted upon me. Please can you advise?
Submitted: 6 months ago.
Category: Law
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 6 months ago.

Did you have GAP insurance?

Customer: replied 6 months ago.
No I didn't have gap insurance
Customer: replied 6 months ago.
no
Expert:  Jamie-Law replied 6 months ago.

Did you get paid out value of car being written off?

Customer: replied 6 months ago.
My insurance payed out what they claimed to be the national average value of my car to my finance. This then left me with a shortfall. We did argue at the time that we felt the payment wasn't satisfactory but we're unable to get anywhere with this.
Customer: replied 6 months ago.
I had only had the vehicle approx 1 year
Expert:  Jamie-Law replied 6 months ago.

Did you have GAP insurance?

Customer: replied 6 months ago.
As answered above- no
Expert:  Jamie-Law replied 6 months ago.

So insurance has paid you out - but you have a shortfall.

You do not have GAP insurance.

The dispute is about the value of the car and the shortfall

Is that right?

Expert:  Jamie-Law replied 6 months ago.

So insurance has paid you out - but you have a shortfall.

You do not have GAP insurance.

The dispute is about the value of the car and the shortfall

Is that right?

Customer: replied 6 months ago.
No, not at all. It's about the fact I feel I should be receiving some compensation from the insurance with which the vehicle that wrote off my car was under at the time- this being tradex. Tradex have written to Tesco to state that they will pay £3434 out to Tesco to cover some of their 'damages' i.e.// then having to pay for my car due to me having a policy with them etc, plus they will pay my excess of £400, but that is it. I do not feel this is right due to the impact it has had on my working life & also the stress it has caused me, leaving me unable to replace my vehicle.
Expert:  Jamie-Law replied 6 months ago.

Do you know who damaged your car?

Customer: replied 6 months ago.
I don't have the name of the person but obviously all that is now by the by as the police chose to do NOTHING about it, which complicated matters. However, the insurance policy which was held on the car at the time that vehicle was driven into my own, causing the irreparable damage, have opted to take responsibility i.e.//in their choice to pay out to Tesco & pay my insurance back. The insurer is tradex.
Expert:  Jamie-Law replied 6 months ago.

You need to write to Tradex and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 6 months ago.
Thank you. Could I just ask what kind of things I will need to produce to come up with what I feel is a justifiable amount? I.e.//do I ask to be refunded for my shortfall in finance? Calculate a loss of earnings? Do I add a nominal fee I feel justifiable for the stress caused etc?
Expert:  Jamie-Law replied 6 months ago.

A nominal fee and just evidence to support your losses.

Does that clarify?

Customer: replied 6 months ago.
Sorry just one more- do I need to send the evidence with this letter i.e.//at the time of sending it? So proof of loss of earnings, proof of what is left with my finance etc- do I need to send copies of that with the letter?
Expert:  Jamie-Law replied 6 months ago.

No, not at this stage. But they may ask for it, so you need to provide it then. But not yet

Does that clarify?

Expert:  Jamie-Law replied 6 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars 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 bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.