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JimLawyer, Solicitor
Category: Law
Satisfied Customers: 9886
Experience:  Senior Associate Solicitor
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My car was involved in a no blame collision which has been

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my car was involved in a no blame collision which has been dealt with by my insurance company and the rear end body work carried out at a nominated bodyshop. When i collected the car it started to judder when idling. I told my insurer about this and they said it was unrelated. I asked how they knew this without having checked. After some pushing they agreed to a diagnostics test last Wednesday. They garage have advised the oxygen sensor on the exhaust needs replacing. The insurer says this is unrelated to the collision. I maintain that as the impact was to the rear bumper (on the same side as the exhaust) it is wholly conceivable that this caused the sensor to dislodge. Where do I stand?
JA: Where are you? It matters because laws vary by location.
Customer: liverpool
JA: What steps have you taken so far?
Customer: spoke with insurer and had diagnostics
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

If you can obtain a report from an engineer (from another garage, or from a company such as - they do accident reports for the court and are near to your location) which confirms the accident caused damage to the sensor too then you have a case.

You will need a report to confirm that first - once you have the report, send to the insurers and invite them to pay the cost to repair (stating that the further damage was caused by the accident and therefore they should also pay the further costs). You could instead make a complaint to the insurer and go to the Financial Ombudsman Service assuming the complaint does not resolve matters but this process would take several weeks if not months.

Once you have the report I recommend that you send the insurer a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You will need to register at so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee. If this applies, let me know as you cannot use the online money claims site – you have to use the paper N1 claim form and the EX160 fee remission form (I have copies).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company if £750 or more is owed, apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,


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