Damage by 3rd party company, not giving me their insurance
Discussion
My car was having some work done in a garage and they damaged the vehicle body work.
There is clear CCTV from another premises where the garage are clearly liable, but the garage are not giving me there insurance details.
My insurers Direct Line are suggesting that i make a claim on my own policy for the damage, but this dosnt seem right, that they get off scot free and im left with paying my excess and increased premiums.
Im thinking of issuing proceedings which i think i would clearly win, but they are a LTD co and could just fold the company.
Any ideas how to get a) there insurance details b) a resolution to the issue ?
There is clear CCTV from another premises where the garage are clearly liable, but the garage are not giving me there insurance details.
My insurers Direct Line are suggesting that i make a claim on my own policy for the damage, but this dosnt seem right, that they get off scot free and im left with paying my excess and increased premiums.
Im thinking of issuing proceedings which i think i would clearly win, but they are a LTD co and could just fold the company.
Any ideas how to get a) there insurance details b) a resolution to the issue ?
No requirement in law for them to give their insurance details unless the damage was caused owing to the presence of a motor vehicle on a road i.e your car was on a road or public place (the Road Traffic Act definition of a road or public place) and the damage was caused by their vehicle.
If, for example, your car was parked and they rolled a large wheelie bin into it causing damage they are not obliged to provide their insurance details. In which case you could pursue through small claims court.
If, however, they have hit your car with one of their vehicles on a road or public place but failed to exchange details report it to the police.
What were the circumstance?
If, for example, your car was parked and they rolled a large wheelie bin into it causing damage they are not obliged to provide their insurance details. In which case you could pursue through small claims court.
If, however, they have hit your car with one of their vehicles on a road or public place but failed to exchange details report it to the police.
What were the circumstance?
Small claims route is a pain, however, they are a limited company which is dangerous for them. Check on company house they are limited - google webcheck beta
If the damage is more than £750, I would issue them an invoice for the amount giving 7 days for payment. Its very likely your invoice ends up in the bin, but then call them or email explaining you intend to recover the money in the high court via a winding up petition. Explain that its going to cost you around £1400 to appoint a barrister to handle the winding up petition in Leeds High Court and serve them with the notice - costs you'll add on of course but your a vengeful git and its the principle at stake here.
Explain to them further that once the winding up petition is heard in court, the details of it will be automatically published in the London Gazette. Every debt agent in the land will call them, more importantly all their company bank accounts will be frozen in around 10 days. Unfortunately for them takes months to get a court date in the high court by which time they will be in finished.
Now, they of course will always say they are checking with there solicitor or really mate who does understand the law or even Google. What do they find out ? You are telling the truth is the answer. You'll never need to action any of the legal account as the mere thought of having their bank accounts frozen is enough after some advice. They'll come back with a reasonable offer - always works for me.
I had a client who actually did this to Barclay Bank and served the order on an £80K debt, they were really aggressive with him on the friday but he ignored them, by the Monday when they called back they offered £20K extra in legal costs to to stop the petition.
By the way before you all get angry, this technique was used on me whilst I was away on holiday once many years ago, got back to find my business accounts frozen - could not get them unfrozen and business folded. Learnt a recovery technique that day.
If the damage is more than £750, I would issue them an invoice for the amount giving 7 days for payment. Its very likely your invoice ends up in the bin, but then call them or email explaining you intend to recover the money in the high court via a winding up petition. Explain that its going to cost you around £1400 to appoint a barrister to handle the winding up petition in Leeds High Court and serve them with the notice - costs you'll add on of course but your a vengeful git and its the principle at stake here.
Explain to them further that once the winding up petition is heard in court, the details of it will be automatically published in the London Gazette. Every debt agent in the land will call them, more importantly all their company bank accounts will be frozen in around 10 days. Unfortunately for them takes months to get a court date in the high court by which time they will be in finished.
Now, they of course will always say they are checking with there solicitor or really mate who does understand the law or even Google. What do they find out ? You are telling the truth is the answer. You'll never need to action any of the legal account as the mere thought of having their bank accounts frozen is enough after some advice. They'll come back with a reasonable offer - always works for me.
I had a client who actually did this to Barclay Bank and served the order on an £80K debt, they were really aggressive with him on the friday but he ignored them, by the Monday when they called back they offered £20K extra in legal costs to to stop the petition.
By the way before you all get angry, this technique was used on me whilst I was away on holiday once many years ago, got back to find my business accounts frozen - could not get them unfrozen and business folded. Learnt a recovery technique that day.
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