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Small bump - legal position

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Old 06 December 2006, 11:00 PM
  #31  
Trucker Ted
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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.
Old 06 December 2006, 11:01 PM
  #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.
sound, got the wrong end of the stick
Old 06 December 2006, 11:03 PM
  #33  
john banks
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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.
Old 06 December 2006, 11:06 PM
  #34  
LG John
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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?
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
Old 06 December 2006, 11:07 PM
  #35  
LG John
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Speak of the devil ^^
Old 06 December 2006, 11:11 PM
  #36  
Critical Bill
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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
This is what I am saying. In your example you had no choice but to take the cash because the chances are the ****** wasn't insured.

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!
Old 06 December 2006, 11:12 PM
  #37  
LG John
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LOL, you really are critical
Old 06 December 2006, 11:43 PM
  #38  
andythejock01wrx
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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
Old 07 December 2006, 07:44 AM
  #39  
LG John
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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
Old 07 December 2006, 08:48 AM
  #40  
andythejock01wrx
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Sorry to hear that Kenny.

Andy

PM me if you have any insurancey type questions.
Old 07 December 2006, 10:06 AM
  #41  
stilover
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You hit his car, just pay the guy to get his car fixed.

How p155ed off would you be if someone hit your car and then refused to pay.
Old 07 December 2006, 10:09 AM
  #42  
DCI Gene Hunt
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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
Old 07 December 2006, 10:20 AM
  #43  
stilover
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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
Old 07 December 2006, 10:30 AM
  #44  
Baby Scuff
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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.
Old 07 December 2006, 10:53 AM
  #45  
Gymbal
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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....
Old 07 December 2006, 10:57 AM
  #46  
LG John
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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.
Old 07 December 2006, 11:08 AM
  #47  
DCI Gene Hunt
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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.
But that would be his fault/his cost.......... this however is YOUR FAULT & AT YOUR COST

Let us not forget you ran into the back of his car
Old 07 December 2006, 11:14 AM
  #48  
Leslie
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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
Old 07 December 2006, 11:36 AM
  #49  
Luan Pra bang
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body shop rates for insurance are £25.00\per hour dealer rates for mechanics £60-90 per hour its not body shops ripping people off.
Old 07 December 2006, 11:40 AM
  #50  
Luan Pra bang
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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')
Old 07 December 2006, 11:40 AM
  #51  
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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.
Old 07 December 2006, 11:42 AM
  #52  
DCI Gene Hunt
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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')
Then never-ever complain when it happens to you
Old 07 December 2006, 11:52 AM
  #53  
LG John
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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.
In a nutshell. I don't feel I'm trying to be unreasonable - I want the guy to be happy with the repair but I don't see the point of paying more than is required to achieve that.
Old 07 December 2006, 12:17 PM
  #54  
Brendan Hughes
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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.
Kenny, can you take that and show him, and offer to pay it? He can hardly refuse to have an official Ford repair.

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.
Old 07 December 2006, 12:28 PM
  #55  
andythejock01wrx
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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.
In my experience, insurers have become more and more lax in checking small (ie under £1000 !) repair bills. If the claim is between insurers, they'll simply accept the invoice of a TP Insurer's Appointed Repairer without checking it themselves. If a Third Party submits an invoice, their engineer will check that the labour rate is not too daft but if bumpers etc are included and the overall bill isn't high in insurance terms, they won't argue about it. They won't normally suggest the repair of plastic components,

(Sorry to be the bringer of bad news).

Andy
Old 07 December 2006, 12:30 PM
  #56  
andythejock01wrx
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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.
The principal of "indemnity" is the same under Scots Law.
Old 07 December 2006, 01:08 PM
  #57  
Brendan Hughes
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What, but the English call it "restitution"?
Old 07 December 2006, 05:34 PM
  #58  
andythejock01wrx
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Originally Posted by Brendan Hughes
What, but the English call it "restitution"?
They are two quite separate things, but both are relevant here.

Smarty Pants !
Old 07 December 2006, 05:38 PM
  #59  
LG John
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Just sold the S2000 Andy
Old 07 December 2006, 06:20 PM
  #60  
PG
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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!


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