Where theres blame.......

[clarky5150]

Getting really fed up now cos I have been without the Cerb for a month due to a a rear end shunt. The damage is minor and cosmetic but i have been told to expect 6 weeks+ wait for repair. Has anyone else had a similar situation (other parties fault) and claimed loss of used/enjoyment etc. My insurance has legal protection and i'd like to throw a figure at them to work towards. I have so far missed Elvington, Easter meet and club meets. As i have access to another car i have not had a hire car and am told i can expect recompence for this. Any advice would be much app.
Cheers, 5150

[Jason F]

Don't think that you can claim for loss of enjoyment as the law currently stands. You can claim resonable costs of a hire car though. Sorry... BUT, I don't know if you can hire a Replacement car i.e. Cerb as it could be thought of as like for like... Dunno if that would be seen as unreasonable costs. Though I don't see why you can't get the same car ?!?!

Hopefully someone will confirm that..

>> Edited by Jason F on Wednesday 3rd April 09:19

[shnozz]

if you have access to another vehicle (even if not a Tiv), a Court will not allow a claim for loss of use. This is the only recognised compensation in English law at present for someone left without a vehicle as a result of a third party's negligence.

With regards to hiring, you are entitled to hire like for like. There are a number of cases to support this. This would certainly be the case if the Cerb was your only car. HOWEVER, word of warning would be that a Defendant may seek to argue that the hire was not necessary as you had use of another car.

A Claimant has a duty to mitigate their losses and every Defendant will be looking closely at this before paying claims. It stinks, but hope this helps.

[SwanJack]

On a similar thread I was shunted today by a car reversing out of a parking space . He said he couldn't see me as the Chim is too low . From the noise on impact I was expecting serious damage but on inspection the car is scratched and there are some hairline cracks. I had a valuation for repair staraight away and this is £350. Trouble is I have an excess of £500 and even though the accident is the other guy's fault, my Insuarnce Company will not get involved because the repair cost is less than the excess. Luckily I have an uninsured loss recovery policy as well, so these people will attempt to recover my loss. Trouble is before I can get the car fixed the other guy's insurance company (if he has insurance) must be given a chance to approve the repair. This could take weeks and in the meantime I have to drive around in a bashed up car.

[CarZee]

File in the small claims court against the guy... inform him of what you're doing and that he'll be required to pass it to his insurance company..

[SwanJack]

If the agents dealing with my Uninsured Loss Policy don't get anywhere, then this is what i'll have to do.

[shnozz]

you have to be careful issuing any Court proceedings before being aware of the third party insurers. The insurers must be provided with Road Traffic Act Notice before proceedings are issued or they can worm their way out of paying. A Judgment against the other driver would be little use to you unless you sent the bailiffs around.