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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Why would I sue him?

24 replies

Spottyphonecase24 · 31/12/2021 20:22

In November we were out for dinner and our car was parked on the main road outside the restaurant. A drunk driver hit our car - along with many others. Our car was a right off as was others. The driver fled the scene and was later caught by the police.

Insurance paid out and we now have a new car. In my eyes all sorted. I have heard through the rumour mill that he is looking at a custodial sentence.

Everyone keeps asking me if we are going after him for compensation? I don’t understand what for. They keep telling me the ‘trauma’ we went through. We didn’t go through any trauma. Yes it was a pain in the arse but recovery took our car that night and we had a courtesy car the next morning. It wasn’t really that much of a problem to be honest. I have been told I am naive for not suing him. Surely it’s just getting money for nothing if I do?

Am I right not to pursue this?

OP posts:
LolaButt · 31/12/2021 20:28

Are you friends ambulance chasers?!

The threshold for psychiatric harm is high in negligence cases. I don’t think you would be anywhere near meeting it.

Original poster
Spottyphonecase24 · 31/12/2021 20:38

That’s how it feels. I just feel he was completely in the wrong and will have the punishment for it. We are not out of pocket in anyway at all so why would I do it?

OP posts:
torquewench · 31/12/2021 20:40

You don't have a claim for anything other than your vehicle. "Trauma" experience is entirely subjective.

Chloemol · 31/12/2021 20:47

Perhaps because your friends have fallen into the American compensation culture we now have Sotheby’s would do it
Without thinking of the consequences, or higher insurance premiums for everyone, including them!,

Ihaveaskedyouthrice · 31/12/2021 20:49

Two years ago a woman drove through a stop sign and crashed into the side of my car while I was driving with DS. Similar to you, the insurance paid out and while we did have quite a bit of inconvenience and DS had to be checked over in A & E, we were fine and there was no lasting damage. I still have family members telling me that I was a fool not to pursue damages and that I would have got tens of thousands(I probably would have, I'm in Ireland where damages in these scenarios are typically high). Its very annoying.

Cherrysoup · 31/12/2021 20:50

You weren’t in the vehicle. You weren’t hurt. What could you possibly sue for? I think your friends are idiotic for suggesting this. My DH used to work in the industry (organising insurance settlements for uninsured drivers/accidents). Your insurance has sorted this.

Waspsarearseholes · 31/12/2021 20:54

Are they thinking about the claim being on your record and so you will have to pay increased insurance for the next few years? Even a 'not at fault' claim affects your insurance and has to be declared when renewing, if I'm not terribly old fashioned and that is now outdated

Bananarama21 · 31/12/2021 20:56

It would be different if you were in the vehicle at the time.of collusion and suffered injuries but that's not thr case. Your friends sounds grabby and tbh stupid.

tigger1001 · 31/12/2021 21:00

You were compensated for the damage caused. It would be different if you were in the car. I disagree with your friends

RandomMess · 31/12/2021 21:02

I would have hoped the insurance sorted out new car, car hire etc etc and that's it job done.

thedarkling · 31/12/2021 21:10

Eh? You weren't anywhere near? What trauma have you suffered? You'd have a job getting a pay out on that one.

ItsFuckingJuneDadQuickHide · 31/12/2021 21:18

Bloody hell @Spottyphonecase24 you must be the most sensible person on here Grin
I don't understand it either
What exactly do they think you would you be suing for?

whynotwhatknot · 31/12/2021 21:27

No nothing to sue for but weve turned into an ambulance chaser society for some reason -i thoght we had more class than that

Nowayoutonlydown · 31/12/2021 21:28

Maybe your friends have got this impression from previously having accidents themselves?

DH could not believe the way his insurers acted when he was involved in an accident.
The first time they asked no less than 7 times if he wanted to pursue physical injuries (15mph on a roundabout!) He repeatedly said no, then they changed tact and started offering him counselling. He said he had been more damaged going over potholes, he absolutely didn't need anything, just the minor repairs to his car.

Second accident he had, the insurance company were almost demanding he went for a physical to make sure he really was OK. He was at lights and a gentleman drove straight into his car. Quite slow speed as he didn't get the opportunity to get upto a fast speed, no one was harmed.

It just seems to be almost expected that you'll want to claim for other things ontop of your car repairs/replacement. Nuts really.

Allywill · 31/12/2021 21:30

Sue him as in a civil action? If he’s looking at a custodial sentence he will in all probability lose his house and job (if indeed he had one). I think in any case your likelihood of seeing any financial compensation would be very low.

AngelinaFibres · 31/12/2021 21:31

They are just shooting the breeze. Smile and carry on with your life. Or were you hoping everyone on here would agree with your friends and tell you it was worth taking him to court.

DramaAlpaca · 31/12/2021 21:34

A similar thing happened to us years ago. Car badly damaged, nobody hurt. Insurance sorted the car. It didn't occur to us to do anything else.

Gilly12345 · 31/12/2021 21:39

Has your car insurance increased as a result of the accident?

Do you have your no claims discount protected?

FinallyHere · 31/12/2021 21:41

Fair enough to charge for any actual expenses. Did you need a taxi home etc.

Otherwise, count your blessings.

Original poster
Spottyphonecase24 · 31/12/2021 21:48

Thanks everyone. Glad I’m not the only one who feels like it would be a complete lie to do this. As far as I’m concerned he did wrong and it is up to the law to sort that out now not me.

We have protected no claims so our insurance should be the same.

OP posts:
HMBB · 01/01/2022 10:00

@Ihaveaskedyouthrice

Two years ago a woman drove through a stop sign and crashed into the side of my car while I was driving with DS. Similar to you, the insurance paid out and while we did have quite a bit of inconvenience and DS had to be checked over in A & E, we were fine and there was no lasting damage. I still have family members telling me that I was a fool not to pursue damages and that I would have got tens of thousands(I probably would have, I'm in Ireland where damages in these scenarios are typically high). Its very annoying.
That sounds terrifying. Really glad you and DS were ok
Offmyfence · 01/01/2022 10:04

You are right, they are wrong!

arethereanyleftatall · 01/01/2022 10:06

Get new friends.

BigYellowHat · 01/01/2022 13:32

People kept telling us to sue the driver who drove into us and then fled the scene. We were actually genuinely scared though as she hit the car, bounced off, did an out of control 180 on a roundabout (nearly hitting several other cars) and then turned 180 again to drive off! If she’d hit either of the passenger doors either myself or DSS could have been injured. DSS, DH and I were upset for weeks after that yet despite all that we didn’t sue.

Plus the cheeky cow had the nerve to say that we hit her despite independent witnesses statements to the contrary. Took 10 months to resolve.

Sorry to hijack your thread OP. I always go off on one whenever I think about this 😂

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