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Got paid in cash after crash

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  • Got paid in cash after crash

    Hi all,
    My wife's car was recently hit by another car whilst it was parked up in her works car park. The driver admitted full liability and responsibility but pleaded that they did not want to go through their insurance. My wife went off and got an estimate for the damage from a reputable accident repair shop (over £1200) and showed it to them. I thought the other driver would then probably go through their insurance. But, no. The next day they handed her the amount in cash and that was that.

    My wife was in the process of getting a new car anyway so we listed the damaged (cosmetic) car online at a much reduced price and used that and the money received as a deposit for the new car.

    This other driver is now hassling my wife as they want evidence that work was carried out. They have now sent my wife an email at work threatening legal action as they believe the money was taken under false pretences???

    My opinion is I would tell them to beat it, as it is now none of their business and perhaps remind them to be a more careful driver in the future. My wife is worried though. What's your thoughts?
    Tags: None

  • #2
    What did you/your wife say that led the man to pay this money? Are you certain that he was not misled?

    Can you demonstrate a reduction in the sale price due to the damage?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      What did you/your wife say that led the man to pay this money? Are you certain that he was not misled?

      Can you demonstrate a reduction in the sale price due to the damage?
      Hi, my wife would have been happy to go through the insurance but the woman that hit her car pleaded with her that she would rather settle it privately.

      An estimate for repair was obtained and all parties agreed to the cash amount.

      Going by undamaged same car / mileage models listed privately for sale on Gumtree / autotrader we priced it very fairly.

      I'm not sure why this woman feels she has the right to decide how the monies were spent after agreeing to the amount it would cost to repair the damage she was liable for. At all stages she had the option to use insurance.

      Comment


      • #4
        Write a firm but polite reply explaining that the amount paid was a fair reflection of the cost to repair and of the diminution in value of the vehicle, and so either way she has paid for the damage caused. Therefore you consider the matter closed.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Write a firm but polite reply explaining that the amount paid was a fair reflection of the cost to repair and of the diminution in value of the vehicle, and so either way she has paid for the damage caused. Therefore you consider the matter closed.
          Thank you for the advice. Much appreciated.

          Comment

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