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Bike Damage and small claims

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  • Bike Damage and small claims

    Hi Everyone. I was hoping someone can help me. My bike was damaged by a car driver. I parked this outside my house and due to some reckless driving my bike was destroyed. I have no insurance but chose to gain the information from the driver who admitted this and was caught on camera. I contacted the drivers insurance company who accepted fault but they have been offering very low offers for a new bike - so low I cannot replace the item without a loss. I have provided all evidence including purchase documentation etc but have drawn a blank. I am thinking of going to the small claims and representing myself given the cost involved. If I were to do this would I bring a claim against the insurance company direct - as they have been the party I have been in contact with and who have put forward formal offers and documentation etc. The driver didn't want any contact and has moved since this incident so I could not make any contact with them if I wanted to. I have seen comments on the forum about insurance companies vs underwriters etc and I wanted to gauge how difficult this will be before doing anything. I want to walk away and just move on but in principal my bike was destroyed through no fault of my own. Any guidance would be appreciated. Gremlin1
    Tags: None

  • #2
    Your case will be against the person who caused the damage and not his insurer.

    You may face arguments that your bike had depreciated in value, and that you should not be entitled to the value of a brand new replacement.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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    • #3
      If you wish to initiate a claim against the third party you can use his last known address.
      If you use that route you might as well inform his insurers of your intention in advance, and they might give you his current address

      Comment


      • #4
        Thank you Atticus. My bike was about 400£ and a replacement would be more. It was at the time of the accident7 months old. I’ve been offered £50 which is a little low for replacement.

        Comment


        • #5
          Thanks DES8. I appreciate the guidance. I’m the third party and have been managing all the comms and activity with the insured insurance. I could ask if I can track them down due to a pending claim but I wasn’t sure if they’d be accommodating and / or whether issuing the claim direct to them against them would be quicker

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          • #6
            I may have to write this off given the insured has gone missing and I am not the insured but I thought I’d ask.

            Comment


            • #7
              Your claim is against the insured, and you issue it at his last known address
              Just let the insurance company know in advance

              When you obtain a default judgement use a tracing agent to find him.

              Comment

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