How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15432
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I have an on going small claims for a motor issue against a

Customer Question

I have an on going small claims for a motor issue against a dealership. Their legal team have furnished myself and the courts with details confirming that they wish to appoint the viewpoint at an initial 50/50 cost of an expert mechanic.
JA: Where are you? It matters because laws vary by location.
Customer: North shrops. I do not want anymore expenditure, they know what they did but just continue to bury their heads in the sand. In my opinion they are just trying to play for even more time and cost to myself. I just want them to admit for once what they have done, make a worthwhile contribution financially in assisting me to getting my car back on the road!
JA: What steps have you taken so far?
Customer: All the letters to and fro over the past 6 years including discussions with the AA and Citizens Advice. Now to the point of issuing a small claims against them, obviously at further cost to myself.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, I do have some recorded conversations relating to the above.
Submitted: 14 days ago.
Category: Law
Expert:  JimLawyer replied 14 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now. I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 14 days ago.

The court may want to see an expert report and indeed, as a claimant, the onus is on you to prove the claim on the balance of probabilities - meaning an expert report is recommended if you want to win the claim. If you do, the cost is recoverable from the defendant.
You could refuse to agree but if the court doesn't have enough evidence to make a decision on the claim, the claim will fail which is a risk. Also the court needs to give permission to obtain and rely upon an expert report - I am not sure how far though the court process you are but generally when you complete the directions questionnaire it asks you if you want to rely upon expert evidence. If you have any evidence from a mechanic (not an expert witness) then this can be used to support your claim - again, I am not sure if you have that evidence or not. If you do not, the claim is likely to fail because of the fact a claimant has to prove their loss.

Expert:  JimLawyer replied 14 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Expert:  JimLawyer replied 14 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 14 days ago.
I do have a previous letter from the AA Jim, although not going in to detail. Does state the facts that my engine was started and immediately turned off once said tapping noise was heard. Engine still intact was then subsequently delivered by low loader to said garage complete with AA sticker DO NOT START ENGINE adhered to centre of steering wheel, ...(recently having fallen off on to the driver's seat after 6years.) They called me the following day after discussing that a visual only inspection was initially required (STICKER!) In order to ascertain tapping noise coming from front end. They went on to inform me that they had started my car and that there was now in excess of £5,500.oop worth of damage to my car. This is something that they have continuously since denied all knowledge of!!! How convenient for them. In any event (and as an Aa legal commented on.) My car was in a much worse condition after it was left in their care, than it was before myself and the AA took it carefully and unstarted to them!!! Also, I am hoping to confirm that having now already paid my £455.00p small claims fee upfront. That I am not liable for any of their lawyers current and ongoing costs should I lose my case? Thank you.
Expert:  JimLawyer replied 14 days ago.

Thanks,the AA report may be useful and it should help support your claim, as it does refer to the fault.
You would not be liable for the lawyer's fees, no. A small claims means that each party bears their own costs. The court does have discretion over this but it is only an issue if a party behaves poorly such as breaching the court directions and so forth.

Customer: replied 14 days ago.
Thank you, that's worth knowing,. So also, I am quite within my rights to refuse a further expert opinion on the basis of the AAs letter, which I think does state the facts! After all, they would to get someone from their contacts/group and at least charge me half for the privilege, ...and I think we both know Jim what their so called "expert" opinion would be!
Expert:  JimLawyer replied 14 days ago.

You are within your rights, yes. However as a lawyer I would want to ensure a client will win and to ensure they win, an expert report is ideal - a fee of up to £750 for an expert report is recoverable in a small claim. You can use the AA evidence. If an expert were to be instructed then their duty is to the court (not you or the defendant) and they must be independent and impartial too. As an example, this company offers reports for both claimants and defendants : http://www.laird-assessors.com

Customer: replied 14 days ago.
Okay Jim and many thanks. I shall endeavour to keep You posted!
Expert:  JimLawyer replied 14 days ago.

My pleasure, thank you

Expert:  JimLawyer replied 14 days ago.

My pleasure, thanks