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Nailzz

Hi,

I was involved in a not-at-fault accident recently. The driver at-fault was issued with an infringement by police and deemed responsible for the accident. However, as he was driving his private vehicle for work, his insurance will not cover him or me (I had third party insurance and my vehicle was written off). I am hoping he will pay as soon as possible. Is there anything else I can do to recover my vehicle cost?

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Anon

Hi there,
The only way to proceed if they are not paying up is to seek resolution for damages through dispute tribunal/small claims court.

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Nailzz

Hi there again, I spoke to him and he offered to settle for less than half the value of the car. He then said we could take it to the tribunal then court from there as he has his company lawyer and it wouldn't cost him anything. There is a police report holding him liable for the accident. I feel he is trying to settle it for much less. Could you please advise on what you think?

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Anon

Hi there,
It sounds to me like he is trying to bully you into settling. His company lawyer won't want to go to any tribunal or court if they know that the other guy is actually at fault- so let him talk it up and take him to the tribunal. Make sure you have a registered valuation so you can prove the market value of the vehicle you are claiming for. It would be unusual if a company vehicle wasn't insured by the company or if they didn't even have public liability insurance to pay you the value of the car in a accident. If you know the company you might want to speak with the GM directly.

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Nailzz

Yes sound like he is bullying me. He actually told me his lawyer would "get him out for nothing" if we go to court. I sent him a letter demanding payment and would file it with the tribunal if he doesn't sort it by Wednesday. What would be a registered valuation? Is a carjam report good? It wasn't a company vehicle but his private vehicle. I do not know how it works with the company on that case. He is the director of a real estate franchise. Can I speak to the company of the franchise?

Also, I spoke to my insurance again and they would file a claim under innocent drivers protection and only cover me for a little bit of the value of the car. Should I go ahead with that as well or just claim it all from the at fault driver? Will I loose the option for tribunal if I use that insurance option?

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Anon

Only a car dealer can give a registered valuation - online ones are only a guideline and don't hold any "official" weight for claims. I'm not sure how it all works, but you would then need to speak with the franchise manager if you could find them. I'm not sure about the insurance claim vs tribunal balance, but if insurance wasn't enough to cover all your losses- then the balance would usually form a starting point for a tribunal claim. Speak with your insurance and see what they recommend and also see how much they will pay less your excess and if a claim would actually be worth it.

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Nailzz

Can any car dealer give a valuation or are there specific ones?

Thank you for all your help.

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