Small bump - legal position
#31
Just a thought ,but is it just his bumper that is damaged,they could be quoting for damage to the boot pan which isn't uncommon in this type of collision.Would really surprise you how easy it is to put a crease in it and the bumper can look undamaged.Best thing you could probably do is mutually agree on a garage,preferably one which you know wont rip you off and pay for the repair cash (without Mr Browns cut) and silly "sundries".If the guy gets wide and starts being awkward then i would just contact your insurance and let them deal with it.
#32
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Originally Posted by Saxo Boy
Lucko I'm not going to do that - I've made it perfectly clear that I want to get the guy sorted out. I've posted on here several times in the last year when someone has hit my S2000 and driven off. I've spend time and money putting right others mistakes and I know how it feels. But, to negotiate effectively to a solution that all parties are happy with its important that I know the absolute bottom line if I really wanted to dig my heels in.
#33
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Your car was stationary and he reversed into you IIRC (not this incident )
If you **** off the present guy though, he'll probably get his legal cover and comprehensive insurance onto you. They will give you an option to pay without involving your insurer, but it will be a larger amount than presently mooted and will possibly involve a whiplash claim. If the Ford quote is no good just paying up with a note for him to sign receipting you and accepting your payment as full and final settlement might be pragmatic.
If you **** off the present guy though, he'll probably get his legal cover and comprehensive insurance onto you. They will give you an option to pay without involving your insurer, but it will be a larger amount than presently mooted and will possibly involve a whiplash claim. If the Ford quote is no good just paying up with a note for him to sign receipting you and accepting your payment as full and final settlement might be pragmatic.
#34
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Unless of course by using this example you are trying to tell us that this time you were the uninsured ****** trying to do a runner?
#36
Originally Posted by Saxo Boy
Dr John Banks is one of the most respected members of this board - ask him, he was there! I was insured, don't know if he was - I just wanted my Impreza fixed
Now, if you are telling us you are insured then your example isn't relevent, is it.
Now step up to your responsibilities and pay your ******* dues, you tight fisted northern heathen!
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Kenny,
You asked for the legal position. It isn't great to be honest.
Although he has a duty to mitigate his losses and therefore the costs have to be reasonable (sounds ok so far doesn't it), the point is that the courts allow a very generous assesment of what is "reasonable". they consider typical insurance apponted Repairer costs to be reasonable. In fact it isn't unheard of them to fail to challenge rates of £28/hour.
Andy Mc
You asked for the legal position. It isn't great to be honest.
Although he has a duty to mitigate his losses and therefore the costs have to be reasonable (sounds ok so far doesn't it), the point is that the courts allow a very generous assesment of what is "reasonable". they consider typical insurance apponted Repairer costs to be reasonable. In fact it isn't unheard of them to fail to challenge rates of £28/hour.
Andy Mc
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Thanks Andy
Got a phone call late last night that I guy I knew was killed in a car crash - kind of puts it in perspective and suddently a few hundred quid doesn't seem worth fighting over
Got a phone call late last night that I guy I knew was killed in a car crash - kind of puts it in perspective and suddently a few hundred quid doesn't seem worth fighting over
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It would be more than 500 notes if he decided to claim for whiplash! just pay the guy
If someone twatted my car I would expect a main dealer repair, nothing else would do
If someone twatted my car I would expect a main dealer repair, nothing else would do
#43
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Originally Posted by DCI Gene Hunt
It would be more than 500 notes if he decided to claim for whiplash! just pay the guy
If someone twatted my car I would expect a main dealer repair, nothing else would do
If someone twatted my car I would expect a main dealer repair, nothing else would do
#44
How old was the car? if its only a few years old or he had just bough it I personally think its reasonable for him to ask for a dealer repair, if not, given that you are not causing problem and are willing to pay, It would be best that you both agree on a neuteral garage for repairs. I dont think its unreasonable for him to refuse a 'parts off the net and a mate to spray it job' if the car still has some value.
I am in a similar situation from the other side, bought a car and 3 weeks later someone crashed into it, the person that did it drove off and initially denyed it, until the police were involved. I am personally demanding a full dealer repair with new parts and courtsey car at a cost of £700 over a local garage repair of £300 using existing parts, mainly due to the hassel of having to get police involved, having to wait 8 weeks and counting for it to be resolved and it took six months of saving and 2 of looking for the car as it was in mint condition before.
I am in a similar situation from the other side, bought a car and 3 weeks later someone crashed into it, the person that did it drove off and initially denyed it, until the police were involved. I am personally demanding a full dealer repair with new parts and courtsey car at a cost of £700 over a local garage repair of £300 using existing parts, mainly due to the hassel of having to get police involved, having to wait 8 weeks and counting for it to be resolved and it took six months of saving and 2 of looking for the car as it was in mint condition before.
#45
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Saxo, when I was hit in my CTR (stationary at a ped crossing) by a Saxo he said he would pay cash. The molded bumper was 280 alone and then there were the (unseen) attchement thingies on to the chassis. I did nt do a whiplash thingy but it was still over 500. He changed his mind..... He rang the bodyshop to try to whinge....... As for witnesses, the person stood waiting at the pedestrian crossing was useful....
#46
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Sti I'm not refusing to pay - I'm just refusing to pay though the nose for uneccessaryly expensive repairs. An insurance company would take the same precautions to protect their own interests too! In cases where they don't have their own pre-established repair contacts they will nearly always ask you to get multiple quotations - they do this for a reason!! It's so that some wideboy garage doesn't charge the f*cking earth because some other punter/company is footing the bill. If he had done the damage to the car himself there is absolutely no f*cking danger he'd pay near £500 for the repair of what is very, very minor damage. I seriously doubt he'd even entertain replacing the whole bumper.
FWIW ford's own dealership repair centre are saying around £350 for a painted and fitted rear bumper. That's a full £130 cheaper than the quote from this guys family owned bodyshop.
FWIW ford's own dealership repair centre are saying around £350 for a painted and fitted rear bumper. That's a full £130 cheaper than the quote from this guys family owned bodyshop.
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Originally Posted by Saxo Boy
If he had done the damage to the car himself there is absolutely no f*cking danger he'd pay near £500 for the repair of what is very, very minor damage. I seriously doubt he'd even entertain replacing the whole bumper.
Let us not forget you ran into the back of his car
#48
I can understand how you feel over the inflated repair cost. Bodywork shops are mostly real rip off merchants since not too many people these days are able to do paint repairs etc. and can easily have the woll pulled over thier eyes. I asked for a quopte recently for a bloke to respray my door if I did all the filling and priming and rubbing down etc. He wanted £270 for goodness sake.
Trouble is, if it is your fault as you say, there is little you can do except get some kind of independent assessment.
Les
Trouble is, if it is your fault as you say, there is little you can do except get some kind of independent assessment.
Les
#50
I once scraped the side of an audi tt in a car park and scratched the wheel arch. I left my details and he got back to me and insisted on an audi repair at over £440.00 plus VAT for a scratch. Price anywhere else would have been half that but my mistake so I paid up and learnt my lesson.
(never leave your detail after a crash if there are not any witness')
(never leave your detail after a crash if there are not any witness')
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Originally Posted by Luan Pra bang
I once scraped the side of an audi tt in a car park and scratched the wheel arch. I left my details and he got back to me and insisted on an audi repair at over £440.00 plus VAT for a scratch. Price anywhere else would have been half that but my mistake so I paid up and learnt my lesson.
(never leave your detail after a crash if there are not any witness')
(never leave your detail after a crash if there are not any witness')
#53
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I see Saxo Boys point, hes happy to be fair and fix it but doesnt want to be raped at the same time.
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Originally Posted by Saxo Boy
FWIW ford's own dealership repair centre are saying around £350 for a painted and fitted rear bumper. That's a full £130 cheaper than the quote from this guys family owned bodyshop.
Problem is, as stated, you don't know if they'll find a creased petrol tank or some such.
Law - not sure about Scottish, but I'd say "put it back to the condition it was in before the accident". Whatever that may be.
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Originally Posted by Saxo Boy
In cases where they don't have their own pre-established repair contacts they will nearly always ask you to get multiple quotations - they do this for a reason!! family owned bodyshop.
(Sorry to be the bringer of bad news).
Andy
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Originally Posted by Brendan Hughes
Law - not sure about Scottish, but I'd say "put it back to the condition it was in before the accident". Whatever that may be.
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Originally Posted by Brendan Hughes
What, but the English call it "restitution"?
Smarty Pants !
#60
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You have to be carefull that the guy you ran in to doesn't go to the likes of Help Hire or you'll have no choice but to go through your insurance and the bill will easily triple the £500 you're talking about.
I had a similar thing happen to the wife's car twice in 3 weeks! Neither 'bumpers' wanted insurance involved. They got the quotes and reneged on the deal. On each occasion I called Help Hire, things were sorted pronto and the insurance of the dishonest, wreckless, careless drivers were charged £170+ per day for the hire car plus the cost of repair.
I realise these things cause a vicious circle with insurance costs but I know I would insure that I was not inconvenienced in any way due to a non-fault accident.
Plus, it's a good way of getting one right up 'em!
I had a similar thing happen to the wife's car twice in 3 weeks! Neither 'bumpers' wanted insurance involved. They got the quotes and reneged on the deal. On each occasion I called Help Hire, things were sorted pronto and the insurance of the dishonest, wreckless, careless drivers were charged £170+ per day for the hire car plus the cost of repair.
I realise these things cause a vicious circle with insurance costs but I know I would insure that I was not inconvenienced in any way due to a non-fault accident.
Plus, it's a good way of getting one right up 'em!