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Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
I will answer those questions in turn as follows : 1. Yes, a report based on photos is enough generally as the burden of proof is lower in a civil court. The burden of proof is only 51% or "more likely than not", so they don't have to see the vehicle in person to be able to prepare an expert report - the expert just needs to say "in all likelihood" the damage was caused in a particular way, etc. 2. I do not see there is anything you can do - they are entitled to obtain an expert opinion (the expert's report is for the court, not the insurer and not yourself - to help the court make a decision). The court usually needs permission to grant a party permission to obtain an expert report. You could suggest that you want to obtain your own expert report if theirs is likely to be damaging to your case. If you disagree to them obtaining their own report they may apply to the court regardless. But in a large loss claim you should be allowed to obtain your own - the two experts can then meet to discuss a report and prepare a joint report, setting out areas of agreement and disagreement - again, to assist the court. 3. You could try but they may not be willing to help as I do not think they are now involved in this dispute. You could potentially summons the assessor to any court hearing in future to give oral evidence if there was a dispute. But the assessor would not be an independent party - they were appointed by the third party. You mention at point 4 above an expert opinion to be obtained - which would be done by someone independent. So my view is it may not be useful to contact the previous assessor given the need for someone independent to prepare a report (which the court would insist on).
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Sorry, I misunderstood - you asked if an opinion without seeing photos - is plausible in court. It is a civil court dispute, not criminal. The civil court requires an independent expert like I mentioned earlier. You could use a solicitor, yes. Not sure why the Police need to be involved here but let me know the reasons and I will give you my opinion. I can give you details of pro bono solicitors (they will not charge you) and also no win no fee law firms - let me know either way and I will give those details to you. Thanks
Thanks, ***** ***** delve into previous claims. Mainly to see if someone is a serial claimer or not or if there are similarities. They want an expert opinion - they need one before they issue court proceedings. In a civil case. As the county court (the civil court) will need to see an independent report to be able to make a decision. It is not a criminal case - they have not applied for a private prosecution nor have they involved the Police.
No problem, I would try any of these :
To my knowledge there isn't - some have Google reviews if you Google their website. The firms I listed are well respected and should be able to help - the larger ones are at the top of that list.