Minor accident in taxi - Door opened into another taxi.
Discussion
Assume your mate is 100% at fault. He is bang to rights, both morally and legally.
Do you think that any insurance company are going to take him to court for £375?
How much do you think it would cost them in lawyers (and knowing big companies barristers) fees? You don't get that back in the small claims court. They would take the pragmatic approach and write it off. They would also have to travel to where your mate lives, for court - again they can't get this back.
I'd wait to here back from the solicitor - ask him to put everything in writing, including who is instructing him and for all the details of the claim. The CPR's say they have to send him this information before they can issue proceedings so I'd go for that.
I'm nearly 99% sure if you tell the solicitor to jog on this will all just go away.
Do you think that any insurance company are going to take him to court for £375?
How much do you think it would cost them in lawyers (and knowing big companies barristers) fees? You don't get that back in the small claims court. They would take the pragmatic approach and write it off. They would also have to travel to where your mate lives, for court - again they can't get this back.
I'd wait to here back from the solicitor - ask him to put everything in writing, including who is instructing him and for all the details of the claim. The CPR's say they have to send him this information before they can issue proceedings so I'd go for that.
I'm nearly 99% sure if you tell the solicitor to jog on this will all just go away.
Breadvan72 said:
No, it's rubbish. As YANAL why don't you stop giving crappy legal advice? Just an idea!
And of everyone who gave similar advice...you pick on me? I didnt give legal advice. I gave an opinion based on my limited understanding of the law on a public forum. I doubt anyone takes advice/opinions on a public forum and runs with it without double checking. It is not a bad place to syart though.
I feel sorry for your paying clients because you seem to specialize in hanging around these boards a lot just to let lay people like myself whats right and whats not. Do you not think it may be a great idea for you to set up a website where you can give out this correct advice for a fee? You could be on to a winner.
Don't worry, I am an equal opportunities grump and lay into all pub lawyers equally. Pub lawyers always (pretty much without fail) say that they aren't giving legal advice when someone posts asking for advice and the pub lawyer suggests a (wrong) answer, but advising is indeed what the pub lawyer is doing, else why answer? There is no real distinction between opinion and advice. Occasionally some poor punter might follow the duff advice; and I post here to spread a bit of legal education and try to save people from bum steers.
Martin4x4 said:
Passenger side! Surely the Driver has the responsibility to ensure the passenger can safely exit the vehicle since he did not his insurance should cover the cost.
It's all academic and pretty pointless. Give me an example of where an insurance have litigated over such a tiny sum of money! I'm no lawyer and I'm not even particularly bright, however I know they don't throw money away to prove a point over less than £400. robdcfc said:
Sounds to me like the cabby has knocked his mirror off recently and remembered about your friend.
Saves a £300 bill.
I'd be going with that as well.Saves a £300 bill.
As mentioned, I'd be asking the solicitor who's instructing him. If it's the cabby's ins. co. then it's possibly a bit more above board than if it's the cabby himself. Either way you need to get the details of the repair (date & cost breakdown).
If it wasn't repaired within a couple of weeks of the accident it clearly can't have been that much of an issue, especially since you say there was no damage.
For the record; IANAL but I AM a private hire driver & I always check to see if it's clear for my passengers to get out, ESPECIALLY if I can see they're not doing it for themselves.
Thanks chaps - Some good points to consider here and good questions to ask etc.
He certainly feels morally responsible for any damage HE caused. I think he wants to make a goodwill gesture (at the minimum) IF there was damage as he knows it was his fault but...
I haven't heard from him today so don't know anymore about who is claiming what but I'll let you know when I know!
He certainly feels morally responsible for any damage HE caused. I think he wants to make a goodwill gesture (at the minimum) IF there was damage as he knows it was his fault but...
robdcfc said:
Sounds to me like the cabby has knocked his mirror off recently and remembered about your friend.
Saves a £300 bill.
Does seem odd that this bill has appeared 6 months later and there was no obvious damage of ANY type at the time (granted, the electronic adjustment etc could have failed due to impact, for example but that must be difficult to prove).Saves a £300 bill.
I haven't heard from him today so don't know anymore about who is claiming what but I'll let you know when I know!
I'd be wondering why this has taken six months to come up.
No damage seen at the time, all parties agreed. Suddenly they're chasing your mate for a substantial amount of money.
Something smells funny here. Your mate sounds a decent chap but no need to just pay up without being very careful checking over the details. Does he have any personal legal cover he can use for advice through his house insurance, work etc?
No damage seen at the time, all parties agreed. Suddenly they're chasing your mate for a substantial amount of money.
Something smells funny here. Your mate sounds a decent chap but no need to just pay up without being very careful checking over the details. Does he have any personal legal cover he can use for advice through his house insurance, work etc?
If it had been me and I had caused genuine damage I'd have been annoyed with myself and offered to pay there and then to make it good.
If there was no damage AND you get a letter 6 months later AND you don't even live in UK anyway, I'd file it straight in the bin. Clearly nothing is going to happen.
If there was no damage AND you get a letter 6 months later AND you don't even live in UK anyway, I'd file it straight in the bin. Clearly nothing is going to happen.
AIUI in incidents like this the insurance policy of the vehicle he was in will generally cover the liabilities of the passengers as well as those of the driver. For example, picking an insurer at random, Direct Line say ( Page 12) that they will cover the liabilities of "anyone you allow to use but not drive your car" and "anyone who is in or getting into or out of your car".
So the OP's friend should be getting in touch with the insurers of the vehicle that he was in - if he can find out who they are. Hopefully he can pass the matter over to them.
So the OP's friend should be getting in touch with the insurers of the vehicle that he was in - if he can find out who they are. Hopefully he can pass the matter over to them.
Eclassy said:
Breadvan72 said:
No, it's rubbish. As YANAL why don't you stop giving crappy legal advice? Just an idea!
And of everyone who gave similar advice...you pick on me? I didnt give legal advice. I gave an opinion based on my limited understanding of the law on a public forum. I doubt anyone takes advice/opinions on a public forum and runs with it without double checking. It is not a bad place to syart though.
I feel sorry for your paying clients because you seem to specialize in hanging around these boards a lot just to let lay people like myself whats right and whats not. Do you not think it may be a great idea for you to set up a website where you can give out this correct advice for a fee? You could be on to a winner.
Eclassy said:
And of everyone who gave similar advice...you pick on me?
I didnt give legal advice. I gave an opinion based on my limited understanding of the law on a public forum. I doubt anyone takes advice/opinions on a public forum and runs with it without double checking. It is not a bad place to syart though.
I feel sorry for your paying clients because you seem to specialize in hanging around these boards a lot just to let lay people like myself whats right and whats not. Do you not think it may be a great idea for you to set up a website where you can give out this correct advice for a fee? You could be on to a winner.
Or, as has already been pointed out on a number of threads you could stop giving out rubbish legal advice.I didnt give legal advice. I gave an opinion based on my limited understanding of the law on a public forum. I doubt anyone takes advice/opinions on a public forum and runs with it without double checking. It is not a bad place to syart though.
I feel sorry for your paying clients because you seem to specialize in hanging around these boards a lot just to let lay people like myself whats right and whats not. Do you not think it may be a great idea for you to set up a website where you can give out this correct advice for a fee? You could be on to a winner.
Greendubber said:
Or, as has already been pointed out on a number of threads you could stop giving out rubbish legal advice.
With respect - if only qualified people gave advice then there wouldn't be a lot of responses to any of the threads on here. My advice was probably rubbish. I have no legal training, and wouldn't have the aptitude to do it. However it was based on my experiences. Whilst me and e-classy might be wrong technically in law, it doesn't make our advice completely rubbish.
Remember - in court there are usually two barristers arguing a case one. One of them has to be wrong in the eyes of the court. It's just more likely people like me and classy are in the wrong.
Mk3Spitfire said:
^^ But the responses would be accurate, and worth reading, instead of wading through pages of guff to get to anything worth reading.
ETA:
IANAL/YOLO/LMFAO/KFC
Fair enough - if that is the site policy they should write it down and then I'm sure people would play along. ETA:
IANAL/YOLO/LMFAO/KFC
I certainly am qualified to talk about nearly nothing, so I'm sure that people would be delighted to get off me!
The point was aimed more at Eclassy who I don't recall ever posting anything relevant, accurate or helpful.
It was also directed more towards specific advice requested as opposed to opinions.
Everyone is entitled to their opinion, and I'm sure yours are just as valid and worthwhile as anyone else's.
It was also directed more towards specific advice requested as opposed to opinions.
Everyone is entitled to their opinion, and I'm sure yours are just as valid and worthwhile as anyone else's.
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