Guy refusing to pay for car damage. Options?
Guy refusing to pay for car damage. Options?
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Discussion

matt21

Original Poster:

4,400 posts

234 months

Tuesday 8th January 2013
quotequote all
Looking for some independent advice on behalf of a friend.

She was parked in her 306 when a Range Rover reversed into the front corner of her car. The Range Rover had no damage, due to tow bar, the 306 had, at a body shop, £1400 of damage.

She is very timid and Range Rover owner refused liability, claiming no point doing anything, "insurance would see it as 50:50." He left her phone number and nothing else.

She as reluctant to take it through insurance due to excess, loss of NCB, and the fact the car was worth about £500.

I got wind of the incident, and frankly they were all being too bloody soft. Range Rover man drives off scot free, they are looking to spend £300 to bodge the car back onto the road.

I took it up with Range man who agreed he would pay half repair bill. He wanted a quote first and refused to provide insurance details.

Quote was high, but suggested a £200 payment towards repair to pay towards getting car back on the road.

Fast forward a month and the guy is again clearly avoiding my contact. It is no longer just about the money, it's principle. Wealth is irrelevant to a degree, but my friend has no money, the guy is local and has wealth of some variety.

I know this could have been handled differently from the off, but right now what are the options. We still don't want insurance involved, and frankly it would now be too late, but not prepared to roll over and let the guy get away with it.

Sensible suggestions welcome,

Ki3r

8,888 posts

189 months

Tuesday 8th January 2013
quotequote all
Only way you can get him to pay is via insurances. Otherwise will just have to suck it up by the sounds of things. Do you have the reg?

fluffnik

20,156 posts

257 months

Tuesday 8th January 2013
quotequote all
Police.

Mr RR must give his details.

zcacogp

11,239 posts

274 months

Tuesday 8th January 2013
quotequote all
He committed an offence by not leaving his address at the time.

If he won't give you his address (i.e. is avoiding your calls - it seems that a 'phone number is all you have for him) then you can either tell your insurance company, tell the police or pay the DVLA for his contact details.

I'd suggest that you call him and (presuming it's a mobile), leave him a message giving him 7 days to call you back with his address or you will pass the details of the accident to your insurance company, holding him 100% liable, and to the police for not providing details at the time of the accident.

If he doesn't call back with the address then do as threatened.

If he does then write to him, recorded delivery, telling him that he has 14 days to meet the repair costs of the car or you will do as above (insurance/police.) Or you could simply take him to the small claims court, and tell him that the costs will go up SWIFTLY if this has to happen.

Tell your friend to do as threatened and not be soft. If it genuinely was 100% Mr RR's fault then pursue him until he pays.


Oli.

zcacogp

11,239 posts

274 months

Tuesday 8th January 2013
quotequote all
Oh, and keep this thread up to date. I love to hear of people being bought bang to rights.


Oli.

matt21

Original Poster:

4,400 posts

234 months

Tuesday 8th January 2013
quotequote all
Yes I have the reg, and bizarrely ended up following him myself on New Year's Day on the M40 50 miles from the town he and I live.

I followed for a bit but he didn't go home, so had to leave him to it.

matt21

Original Poster:

4,400 posts

234 months

Tuesday 8th January 2013
quotequote all
Thanks for the advice.

I agree, it is nothing to do with me, but I want justice. It's not just about poor friend vs perceived wealthy Range Rover guy, it is about justice.

The threats via the phone aren't working, it looks like action required.

Is it too ate to tell insurers?

JDFR

1,219 posts

165 months

Tuesday 8th January 2013
quotequote all
matt21 said:
Yes I have the reg, and bizarrely ended up following him myself on New Year's Day on the M40 50 miles from the town he and I live.

I followed for a bit but he didn't go home, so had to leave him to it.
This story will presumably be retold in a court of law at some point after the guy in the RR is found dead!

jbsportstech

5,069 posts

209 months

Tuesday 8th January 2013
quotequote all
Ask mid Now provides insurers details, assuming the pug owner reported it to their insurer within 24 hours f the incident.

If people give you the run around best to tell your insurer?

zippyprorider

736 posts

236 months

Tuesday 8th January 2013
quotequote all
As has been said but go to police with the number enough time has passed already and say the delay was due to his threatening behaviour, that should get the police interest and the ensuing st storm should see him in a spot of bother and paying the damage.... If he had insurance in the first place.

McSam

6,753 posts

205 months

Tuesday 8th January 2013
quotequote all
Do exactly as Oli says!

Any other course of action and you risk either making your friend appear more liable than they need be, or letting the tosser get away with partial fault or nothing at all, or both.

He must provide his details, and has technically committed a "hit and run" type criminal offence by failing to do so. Should give you some idea of how thoroughly you have the upper hand here!

Meths

2,107 posts

166 months

Wednesday 9th January 2013
quotequote all
Report to police and Go to town with small claims court.

When the heavy paper drops through his door, he's likely to freak out and settle it.

mjb1

2,585 posts

189 months

Wednesday 9th January 2013
quotequote all
Am I reading this right - the car is worth £500 and you want range rover man to pay for a £1400 repair on it?

Can you clarify if the repairs have been done already, or have you just had a quote of £1400?

Sir Bagalot

7,103 posts

211 months

Wednesday 9th January 2013
quotequote all
Car worth £500? Scrap value £150? So ask RR driver for £350. If he refuses just remind him that your friend can park their banger almost anywhere..... whereas he has to be a bit more careful....

mat777

10,714 posts

190 months

Wednesday 9th January 2013
quotequote all
mjb1 said:
Am I reading this right - the car is worth £500 and you want range rover man to pay for a £1400 repair on it?

Can you clarify if the repairs have been done already, or have you just had a quote of £1400?
Thats hypothetical - if the car is damaged in a non-fault accident the other side has to pay to repair it (if it is repairable) regardless of whether the repair cost exceeds vehicle value

MK Ultra

98 posts

179 months

Wednesday 9th January 2013
quotequote all
mat777 said:
Thats hypothetical - if the car is damaged in a non-fault accident the other side has to pay to repair it (if it is repairable) regardless of whether the repair cost exceeds vehicle value
Not exactly true. The other side has to make reasonable effort to repair and pay for it, however if repair exceeds value of car then they can pay value of the car instead.

Usually in insurance circles, if the repair is anywhere near the value of the car its written off straight away, to avoid hire charges etc whilst car is in repair. I would think the same applies for private matters too.

KungFuPanda

4,642 posts

200 months

Wednesday 9th January 2013
quotequote all
mat777 said:
mjb1 said:
Am I reading this right - the car is worth £500 and you want range rover man to pay for a £1400 repair on it?

Can you clarify if the repairs have been done already, or have you just had a quote of £1400?
Thats hypothetical - if the car is damaged in a non-fault accident the other side has to pay to repair it (if it is repairable) regardless of whether the repair cost exceeds vehicle value
Jesus christ some people spout some st on here.

If the cost of repairs outweigh the pre-accident value of the vehicle, the at fault party merely have to pay the write off value rather than the repairs. It's called mitigation of loss.

chrisw75

100 posts

174 months

Wednesday 9th January 2013
quotequote all
Meths said:
Report to police and Go to town with small claims court.

When the heavy paper drops through his door, he's likely to freak out and settle it.
^^ this

Or key his Rangie.. that'll cost him more than £500 to fix smile

matt21

Original Poster:

4,400 posts

234 months

Wednesday 9th January 2013
quotequote all
306 worth £500.
Quote to fix at independent body shop £1400
Car repaired to low standard to ensure it still can be used £400
Requested contribution from RR driver £200

Without trying to sound on a high horse, this is very much about principles. He thinks I, and the others, will go away if he ignores us. I'm determined to pursue.

deltashad

6,731 posts

227 months

Wednesday 9th January 2013
quotequote all
This thread interests me. I was hit and run by a taxi. After pestering the police many many times, eventually they tracked down the driver (a year later) and from what I was told, she was charged.
Unfortunately, the police refused to give out the information on the driver, and due to the damage not being excessive I didn't inform my insurers.
Please update as things progress.