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DH involved in an accident in June, other party is asking for more money. We genuinely don't know what to do.

120 replies

RaisedFromPerdition · 18/09/2010 17:51

DH was following a car while on his pushbike in June and the driver braked suddenly to avoid hitting a pedestrian who had stepped out. DH saw what was happening without time to avoid hitting the back of her car. He managed to swerve and only made contact on the bumper.

Obviously he admitted it was his fault as it was but he has no insurance as he was on his push bike. He said he would pay reasonable costs. He said there was a scratch on the bumper but no other visible damage (obviously acknowledging there might be more damage that was unseen).

We had a flood of solicitors letters within a week and finally two quotes for repair. One for £500, one for £700. The £700 one said that the entire rear of the car needed new panels and/or resprays. DH caught the bumper and nothing else.

DH phoned his work's legal advice line and they said to ask for the car to be taken to our garage for a further quote. We trust our mechanic and have known him for years. He said he wouldn't touch the repair with a barge pole. He knows the woman through another incident and described her as 'litigious'. He advised just paying the lower quote and chalking it up as a bad experience.

So we did. We said about a month or so ago just to get the work done for the lower quote and we'd pay it.

We've just had another email from the solicitor. They want another £100 for more work that they've found.

We just don't know what to do. We barely have the £500, now it's £600.

What do we do? Pay up? Hope that's it?

DH was on a pushbike fgs. He clipped her bumper. But the mechanic was very clear. Do not push her unless we want a court battle.

OP posts:
popeonarope · 18/09/2010 17:56

I would offer £550 in 'full and final settlement'. Next time tell him not to admit liability.

ArseHolio · 18/09/2010 17:56

My advice would be to tell her to fuck off tell her NO and forget all about it.

She can take you to small claims court of she wants but she won't be able to prove anything 4 months later and it will end up costing her money.

Have a big glass of wine :)

amidaiwish · 18/09/2010 17:58

no way
let her sue you ffs - a pushbike bashed her bumper.
you have already paid £500
she's taking the piss
before you know it she'll be claiming backache. she's testing you. stand up to her now.

amidaiwish · 18/09/2010 17:59

oh and btw this is what HER insurance is for!
bikes and pedestrians don't need insurance. i wouldn't have paid a penny.

Pan · 18/09/2010 18:00

As a bikist I am sorry you are going through this - I have no legal training, BUT I would have thought the notion of 'reasonableness' would apply here - their car was assessed with their agreement, and you paid for the surveyed damage. IT is entirely unreasonable to return at a later date with further damage being found.

anyway, your dh was on a bike - we don't do structural damage when we hit cars/truck. Not to them, anyway.

ASecretLemonadeDrinker · 18/09/2010 18:01

don't pay a penny

RaisedFromPerdition · 18/09/2010 18:07

We haven't paid yet. We told her to get the work done, we would be paying £500 and no more and we would pay the garage directly once the work was completed. The solicitors letter says that the final bill will now be £600. The work still hasn't been started afaik.

I just don't know where we stand. DH had to admit liability (though he now wishes he hadn't). He hit the back of her. She is being unreasonable isn't she?

DH fell on his hand and broke it when he toppled. We should sue her. And the kerb. And the pedestrian who stepped out.

DH thought worse case scenario the bumper would be £100 to replace. Not that it needed that, it was a scratch fgs.

He just doesn't want the Mail headlines of 'police officer smashes into lone female driver and refuses to pay for repairs'. He said from the second she stepped from the car, he knew this would happen. She was very cross he'd scratched her bumper.

OP posts:
RaisedFromPerdition · 18/09/2010 18:07

Not letter, it was an email from the solicitor. Not that it matters.

OP posts:
fuschiagroan · 18/09/2010 18:08

Pay nothing. Tell her to get bent.
Have you replied to ANY letters or admitted liability in writing? If not, tough titties to her. There is no way a push bike going into a car would cost £700. What a joke.

A friend of mine recently had a problem where a child opened a car door into her car as she was driving along. The child's mother admitted liability at the time but later denied it. My friend can't prove anything.

My friend's situaiton is a bit poo, but it just goes to show that you can't, months later, legally prove that he did the damage. Chances are she is taking the piss and will not want to pursue it even if she thought she could.

Meow75 · 18/09/2010 18:08

Don't pay any more money.

I don't mean to offend, as you paid to make her go away and I understand that, but is she mad or something that makes her think people really believe that a pushbike is HONESTLY gonna cause several hundred pounds of damage to a car.

I am also shocked that your DH's Legal Dept were so offhand at the idea of you paying out so much money for such an incident. If it had been me, I'd have suggested you offer £250 and told her never to contact you again.

She's now seen that you are prepared to go to your bank account and is getting REALLY SILLY. She needs a wake up call.

monkeyfacegrace · 18/09/2010 18:11

You dont pay a penny. Id be telling her to fuck off in no uncertain terms, and buying myself some fab shoes instead. But then, I am a hard faced tart and Im not worried by crap like this. Its people like her that are turning this country into the 'blame claim' culture.

BenignNeglect · 18/09/2010 18:11

The only way to really get rid of a fraudster is to fight - which can mean court. If he only clipped the bumper - there is no justification for respraying the whole back of the car.

If you do agree to pay - I would (1) say that you'll pay the garage the £600 directly, on receipt of a proper invoice (2) make sure you don't agree to pay any solicitor's fees - if she wants to waste £ on paying people to write a letter that she could have written herself, it's her own damn fault and (3) if you decide to pay the extra £100, set out clearly in EVERY letter (and only communicate in writing - never by telephone) that what you are paying is in "full and final" settlement of this and any related dispute.

Pan · 18/09/2010 18:11

She sounds like a real peice of work.
Couple of weeks ago I hit into the back of a truck, in similar 'emergency brake' circs, as I was looking over my shoulder to ensure it was ok to move out and overtake - turned back to find the truck had stopped. Driver and other people were only concerned with how I was. Anger at a scratch on a bumper is indicative? He didn't tell her he was a police officer did he?

RaisedFromPerdition · 18/09/2010 18:12

To repeat, we have paid nothing yet.

And dh has admitted liability. It's on record. As he was cycling to work (he's a copper), it was officially a police accident and recorded by the constabulary.

DH has also admitted liability to her solicitors but also wrote in the letter accepting responsibility that he was a cyclist and he would only pay reasonable costs.

I think we're paying for her car to be updated, serviced, modified, sprayed and generally pimped.

But we can't afford court costs if she is as litigious as our mechanic advises.

OP posts:
RaisedFromPerdition · 18/09/2010 18:14

Oh she knows he's a copper. His colleagues turned up and actually showed some concern for him. She stood there huffing that she was late for work.

OP posts:
booyhoo · 18/09/2010 18:14

give her nothing more. she will come back in a few months with back pain. as others have said, she can prove nothing so let it go to court.

BenignNeglect · 18/09/2010 18:15

And going to court is not as scary as it sounds. It is for her to prove everything.

And as she has not had the work started yet, this is evidence that it is not actually serious damage.

You need to get an independent report on the dmage for youselves. It is absolutely vital.

fuschiagroan · 18/09/2010 18:16

Gah. How annoying for you. I would have just cycled off, personally - you can tell when someone is going to be completely unreasonable from the off, as your DH says. Understand why he stopped as he is a copper, and it is technically the right thing to do.

Lesson of the day - TAKE PHOTOS! I have been bumped into a couple of times and took loads of photos, I think it makes people think twice before taking the piss.

DuelingFanjo · 18/09/2010 18:16

absolutely pay nothing!

RaisedFromPerdition · 18/09/2010 18:17

But if he's admitted liability does that not mean she can ask whatever a garage is willing to quote?

Shall we ask for a separate garage to have a look then?

OP posts:
fuschiagroan · 18/09/2010 18:17

I'm afraid as you have completely admitted liability you will find it hard to get it cancelled out in court. It will cost quite a bit and imo is not worth it.

Leave it, and IF you actually receive summons give it to her. If not, don't.

RaisedFromPerdition · 18/09/2010 18:18

We have photos of the scratch. DH couldn't cycle off, he fell on his hand and broke it.

OP posts:
RaisedFromPerdition · 18/09/2010 18:20

I think they're waiting for us to give them the go ahead to do the work.

Do we say yes, just do it fgs and we'll pay.

The car's worth about 1k.

OP posts:
fuschiagroan · 18/09/2010 18:20

can you show a different garage your photos and ask what they would quote for it? Then if it is a lot less you can say, yes well we have pictures and a second opinion. We think you are taking the piss, GO AWAY. And she will.

booyhoo · 18/09/2010 18:20

oops, i missed the part where it was recorded. surely if it is officially a police accident then the constabulary are liable for the damages otherwise why was it recorded as such?