Hi all, I hope you can help....
In summary, I had a car accident, other driver admitted full responsibility, their insurer paid out car value (it was written off). Car was leased and I did not have GAP insurance due to my own ignorance, and I lost around £3,500 terminating the lease.
I started a small claims track claim to recover the amount. The other driver's insurer covers any claims relating to the accident so they have sicced their lawyers on it, and my formal request to settle or use negotiation were aggressively rebuffed (the lawyer in fact threatened to 'pursue full legal costs against me' if I didn't drop the case - something that I know makes little sense in the small claims track where costs are fixed).
I am now waiting for a court date and am preparing to send documents to the court and the lawyer.
Do you think I have any case, legally? (I am happy that morally it is owed, the other guy should not be on the road).
NB I also have a mail from the insurer themselves that after the case was submitted, stating they are fully prepared to settle the claim (e.g. not just the value of the car they already paid out), but that was before the insurer's lawyer got involved and refused all attempts to negotiate. Is that worth anything? I was going to add it to the submitted documents.
Thanks!
In summary, I had a car accident, other driver admitted full responsibility, their insurer paid out car value (it was written off). Car was leased and I did not have GAP insurance due to my own ignorance, and I lost around £3,500 terminating the lease.
I started a small claims track claim to recover the amount. The other driver's insurer covers any claims relating to the accident so they have sicced their lawyers on it, and my formal request to settle or use negotiation were aggressively rebuffed (the lawyer in fact threatened to 'pursue full legal costs against me' if I didn't drop the case - something that I know makes little sense in the small claims track where costs are fixed).
I am now waiting for a court date and am preparing to send documents to the court and the lawyer.
Do you think I have any case, legally? (I am happy that morally it is owed, the other guy should not be on the road).
NB I also have a mail from the insurer themselves that after the case was submitted, stating they are fully prepared to settle the claim (e.g. not just the value of the car they already paid out), but that was before the insurer's lawyer got involved and refused all attempts to negotiate. Is that worth anything? I was going to add it to the submitted documents.
Thanks!
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