Small Claims - Anyone have experience?

[Tunicates]

Dont bother with Small Claims - do bother his insurers. Bother them on a daily basis. Send them letters ( keep copies ) and follow them up with phone calls. Regularly.

The motorist can claim what he likes, but it is his duty to ensure he is not going to cause a danger before opening his car door. He is certainly liable for the cost of your wheel, plus any duress if caused.

You would be wise to produce a drawing of the road in question with markings of where the car was parked, road markings, your position and the position of any other traffic at the time. The name and address of a witness would help, but not neccessarily important.

If his insurers dont accept, then you could go to a small claims court - but his insurer is the first port of call.
You could always phone the driver up and tell him that you are asking for far less than his no-claims and increase in premium would cost and see if he will send you a cheque in stead.

[windymiller]

going through the small claims court is a waste of time, especially if you do the online service.

If you issue a writ and he doesnt bother responding, unless you are nearby to him there is not alot you can do.

I went throught all the process the reclaim £180 from a guy in Wales, and because he didnt bother responding to the writ, there was not much else I could do unless I wanted to pay extra for someone to go round and serve it!

Waste of time and money!

[scuba g]

The driver should have looked before opening the door, I cycle and drive and numerous amounts of times Ive seen doors justswing open and the diver hop out with no knowledge that theres any traffic coming, bike or car, in your case even though you may have been a little close, he still needs to check the mirrors, thats what they are there for, due care and caution is stated when a driver is alighting a vehicle, in your case they didnt, hope you get sorted out.

[warmwaterdiver]

I've been in a similar situation (but car on car) and it was dealt with knock for knock

it was stated to me that if you're passing another vehicle, you should leave space wherever possible

so you could claim on the car drivers insurance, but be aware they could take you to the small claims court for repairs to their car

[warmwaterdiver]

Originally Posted by wilbo

so if I open my car door and another car takes it off by crashing through it - by your reckoning I can claim on a knock for knock basis off the other car drivers insurance?

yeap believe me I've been there

the comment was

the parked vehicles driver should have looked but the moving vehicle should have allowed space for the opening of the door

luckily I had protected no claims

[jobrooksuk]

Thanks for the advice.

I have written a letter to his car insurer this morning, hopefully I will hear back from them.

If they state that nothing has been reported then at least I know the bloke involved is untrustworthy (i.e. a lier) and can then consider alternative methods.

[cazyoung]

Sadly insurance companies do not seem to respond to letters even when sent by trackable and signed for post unless the policy holder has informed them. I know this from bitter on going experience. Before christmas a young man crashed his car into our dry stone wall when playing racy racy with his mates in 2 other cars. Cost to repair approx £7000 the police were involved attended etc etc. Insurance company has not responded to any commmunication as yet! Next step we can think of is to complain to the Insurance ommbudsman or whoever regulates them.
Looks like we will have to pay for the repairs ourselves.......

[jobrooksuk]

Thanks for all your responses.

You will be pleased to know that all has been resolved. After writing a letter to his insurance broker (and them forwarding it to the wrong insurance company) the police finally gave me the phone number of his current insurer.

I have just spoke to the bloke dealing with the matter and a cheque will be in the post tonight!

Yippee!

[BJ]

Do not be afraid to use the County Court if your case is just and the details you give are true. They even have a form designed for these events to make paperwork easy.
Insurance Companies are expert at NOT paying out. If their policyholder denies liability they will not pay up.
I have always made it a rule over 40 years of mortoring to affect my own repairs and send the invoice to the other party. I have at least half a dozen cases (all of them) won.
Their insurance invariably declines to pay. I issue the writ. On the day of the case the Insurance company phones to offer to settle. DO NOT SETTLE! This is merely a ploy to get you to drop the case. Go to court. They do not turn up (it's too expensive for them to send a lawyer whereas you can represent yourself) and the case is found in your favour. They have to pay the court and you get your money plus the court fee.

Sometimes, the policyholder decides out of bloodymindedness to defend the case. Tell the truth. Both you and he knows what happened and people are not good at lying under oath. It's called perjury.
I felt sorry for the truck driver sent up to Lewisham CC all the way from Abergavenny by his employer to defend a case where he ran into the back of me.
Judge: Were the traffic lights red?
Truck driver: Yes.
Judge: Case found for the plaintiff. Next case please.

Judges at County Courts are not stupid. I have fought so many cases over Copyright issues, I have a great faith in the County Court system.

[BJ]

Originally Posted by windymiller

going through the small claims court is a waste of time, especially if you do the online service.

If you issue a writ and he doesnt bother responding, unless you are nearby to him there is not alot you can do.

I went throught all the process the reclaim £180 from a guy in Wales, and because he didnt bother responding to the writ, there was not much else I could do unless I wanted to pay extra for someone to go round and serve it!

Waste of time and money!

That might be the case if no insurance company is under-witing his liability. (ie He is not insured.)