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Involved in a scrape: settling outside of insurance

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Old 08 February 2003, 01:26 PM
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TopBanana
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Guys,

Was involved in a minor scrape an hour or so ago. I didn't admit liability in front of the witness who stopped. I can't afford to lose my no claims so I phoned the guy and offered to pay for all the damage plus £100 for hire car / his costs etc. He accepted. We left it at that and I'm going to sort out the details later on.

Is there anything I should ask him to sign we I hand over the moula?
Old 08 February 2003, 01:36 PM
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SiDHEaD
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I think you need to get him to sign a statement saying the money was "accepted in full settlement of claim on <date>". Probably both sign on 2x copies.


Andy
Old 08 February 2003, 03:24 PM
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NelsonUK
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Totally agree - make sure the third party signs some sort of dislaimer saying that your offer is accepted in full and final settlement....otherwise you could be leaving yourself wide open to being pursued for more costs
Old 08 February 2003, 06:41 PM
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TopBanana
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That's what I was thinking. It could be taken as an admission of liability.

Cheers guys
Old 08 February 2003, 07:07 PM
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pslewis
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This has just happened to me - the other way around, other driver paid for my damage. I actually wrote the receipt out for them - in their favour, I am a very honest chappie!

What it MUST state on top and bottom is, "WITHOUT PREJUDICE". This clears it as an admission of liability and also cannot be used to prove anything legally. VERY IMPORTANT!

Also, it must state the amount in £'s and the fact that it is in FULL and FINAL settlement of all claims arising out of the collision which occured on date between carA reg no and carB reg no.

Its a nice way to do business as it keeps it off the insurance PC data.

Pete
Old 08 February 2003, 07:15 PM
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logiclee
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3 years ago this happened to a workmate, he was contacted before Christmas by a claims direct company. The person he hit is now claiming he suffers flash backs and neck pain. It only did £500 worth of damage at the time.

He is now very worried as he didn't report the accident to his insurance three years ago and they are saying they will not pay!

Be very careful as this could come back to haunt you.

Lee
Old 10 February 2003, 10:42 AM
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TopBanana
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But surely if I write 'without prejudice' then I can't submit that the claim was already settled in full?
Old 02 August 2003, 10:21 PM
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pslewis
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There is a 3 year time limit - following the above will see you ok legally

pete

Absolutely NO claims company will pursue an individual - they are only interested if you have big money Insurance backing you!!

[Edited by pslewis - 2/8/2003 10:22:38 PM]
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