Damage to my car – Is my case enough to proceed to court or is there more to do?

[des8]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

I think you will find if you are making a claim for the damage to the vehicle you will not recover more than the vehicle's value.
Openlaw will know.

[JulianS]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

I think you will find if you are making a claim for the damage to the vehicle you will not recover more than the vehicle's value.
Openlaw will know.

Indeed - for insurance purposes the value of the car is less than £300 (and the longer this drags-on the less it is worth)...

However if it was bought from a dealer it would be worth more - I paid £1500 for it the year before it got damaged... I recall that the price was a little high but I was buying in a rush... I recall the dealer price for this particular model was about £1200.

I didn't think that the overall market value of the car was relevant - I was under the impression that, if my claim was successful, any judgement would seek to put me back in the position that I was in before the incident occurred i.e. £300 damage done then either £300 to be awarded or fix the damage...

[Openlaw15]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

Indeed - for insurance purposes the value of the car is less than £300 (and the longer this drags-on the less it is worth)...

However if it was bought from a dealer it would be worth more - I paid £1500 for it the year before it got damaged... I recall that the price was a little high but I was buying in a rush... I recall the dealer price for this particular model was about £1200.

I didn't think that the overall market value of the car was relevant - I was under the impression that, if my claim was successful, any judgement would seek to put me back in the position that I was in before the incident occurred i.e. £300 damage done then either £300 to be awarded or fix the damage...

it's actual loss...so if car has lost value since purchase...it's based on market value

[Openlaw15]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

Indeed - for insurance purposes the value of the car is less than £300 (and the longer this drags-on the less it is worth)...

However if it was bought from a dealer it would be worth more - I paid £1500 for it the year before it got damaged... I recall that the price was a little high but I was buying in a rush... I recall the dealer price for this particular model was about £1200.

I didn't think that the overall market value of the car was relevant - I was under the impression that, if my claim was successful, any judgement would seek to put me back in the position that I was in before the incident occurred i.e. £300 damage done then either £300 to be awarded or fix the damage...

If the car is worth less than the £300 damage caused to it this is a problem. Any tort-feasor is only liable for actual losses, ie costs to replace at their respective market values. How much is the car actually worth, say through Auto-trader etc? What type of car, what about mileage?

[JulianS]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

it's actual loss...so if car has lost value since purchase...it's based on market value

I'm sorry - I'm confused - are we confirming that I would not recover more than the market value for the vehicle?

I really do appreciate the support - it must be infuriating to have to keep clarifying things for me.

[Openlaw15]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

I'm sorry - I'm confused - are we confirming that I would not recover more than the market value for the vehicle?

I really do appreciate the support - it must be infuriating to have to keep clarifying things for me.

Looking at it from a sober point of view, the opponent's lawyer if used will cost more for 2 hours at a reasonable rate than your car's worth, sadly for you.

[JulianS]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

How much is the car actually worth, say through Auto-trader etc? What type of car, what about mileage?

The average asking price of the 16 vehicles I found advertised in Autotrader was £730. I suspect that mine may be worth slightly less... say £690

Looking at Autotrader the same models of similar age and with similar mileage are advertised at prices of between £250 - £1250.

It's a Peugeot 106 (first registered in 2002) and has 72500 miles on the clock.

...the opponent's lawyer if used will cost more for 2 hours at a reasonable rate than your car's worth...

I was hoping that the case would be allocated to the small claims process (I realise this isn't guaranteed but the value of the claim is only £300). Thus I was hoping that I wouldn't be liable for the defendant's legal costs regardless of the outcome... just their reasonable expenses if I lost... How likely is this?

[Openlaw15]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

The average asking price of the 16 vehicles I found advertised in Autotrader was £730. I suspect that mine may be worth slightly less... say £690

Looking at Autotrader the same models of similar age and with similar mileage are advertised at prices of between £250 - £1250.

It's a Peugeot 106 (first registered in 2002) and has 72500 miles on the clock.



I was hoping that the case would be allocated to the small claims process (I realise this isn't guaranteed but the value of the claim is only £300). Thus I was hoping that I wouldn't be liable for the defendant's legal costs regardless of the outcome... just their reasonable expenses if I lost... How likely is this?

Positives, low mileage. Market price probably is at least more than £300, which are your losses. Does your car have 12 months' Mot? May I ask why you have had it on SORN, how long has it been on SORN? When was it last serviced?

[JulianS]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

Does your car have 12 months' Mot? May I ask why you have had it on SORN, how long has it been on SORN? When was it last serviced?

1) The MOT expired on 23rd April 2015 - so it currently has no MOT

2) It's been on SORN for 22 months (since end of April '14). Unfortunately it's been kept outside on the driveway (i.e. open to the elements) for that time. I would have sold it a lot sooner had it not been damaged and had it not been evidence in this lingering case.

3) I put it on SORN because a few months before this incident I'd been made redundant a and no longer needed the car to get to & from work - I live in London and only needed the car to commute. I'd just started a new job that didn't require a car to use for commuting so, since I'm on a low income, I'd cancelled the tax & insurance and been refunded. I was waiting to settle into the new job before deciding what to do with the car next.

4) It was last serviced on 23rd Jan. 2014 (i.e. 2yrs ago).

I was hoping I could get compensated and then get rid of it...

[Openlaw15]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

1) The MOT expired on 23rd April 2015 - so it currently has no MOT

2) It's been on SORN for 22 months (since end of April '14). Unfortunately it's been kept outside on the driveway (i.e. open to the elements) for that time. I would have sold it a lot sooner had it not been damaged and had it not been evidence in this lingering case.

3) I put it on SORN because a few months before this incident I'd been made redundant a and no longer needed the car to get to & from work - I live in London and only needed the car to commute. I'd just started a new job that didn't require a car to use for commuting so, since I'm on a low income, I'd cancelled the tax & insurance and been refunded. I was waiting to settle into the new job before deciding what to do with the car next.

4) It was last serviced on 23rd Jan. 2014 (i.e. 2yrs ago).

I was hoping I could get compensated and then get rid of it...

No mot on a car means it's not even roadworthy, so this takes a massive chunk of any saleable value too.

[Openlaw15]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

1) The MOT expired on 23rd April 2015 - so it currently has no MOT

2) It's been on SORN for 22 months (since end of April '14). Unfortunately it's been kept outside on the driveway (i.e. open to the elements) for that time. I would have sold it a lot sooner had it not been damaged and had it not been evidence in this lingering case.

3) I put it on SORN because a few months before this incident I'd been made redundant a and no longer needed the car to get to & from work - I live in London and only needed the car to commute. I'd just started a new job that didn't require a car to use for commuting so, since I'm on a low income, I'd cancelled the tax & insurance and been refunded. I was waiting to settle into the new job before deciding what to do with the car next.

4) It was last serviced on 23rd Jan. 2014 (i.e. 2yrs ago).

I was hoping I could get compensated and then get rid of it...

Who told you it has £300 worth of damage to it? It will be cheaper for you to get the dints knocked out than taking risks of taking this to court.

[des8]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

No mot on a car means it's not even roadworthy, so this takes a massive chunk of any saleable value too.

Doesn't mean it's not roadworthy, just that it cannot be used legally on the roads unless going to and fro a prebooked MOT.

However to get it through its MOT after nearly two years standing I would not be surprised to find the brakes locked on, and it needing new discs (probably heavily corroded)and pads.
Brake fluid should also be changed.
New battery? Tyre condition?

The possible cost of putting this car back on the road if it has been left standing for 2 years .........

Take the £150 if it is still on offer and save yourself the stress of court!

[Openlaw15]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

Doesn't mean it's not roadworthy, just that it cannot be used legally on the roads unless going to and fro a prebooked MOT.

However to get it through its MOT after nearly two years standing I would not be surprised to find the brakes locked on, and it needing new discs (probably heavily corroded)and pads.
Brake fluid should also be changed.
New battery? Tyre condition?

The possible cost of putting this car back on the road if it has been left standing for 2 years .........

Take the £150 if it is still on offer and save yourself the stress of court!

Des, how much would it cost to get those dints knocked out of the car, if at all possible? I would seriously consider £150 offer if it is still on the table.

[Amethyst]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

My current car is a M reg... it was left on a drive for 10 years without being touched... and worked perfectly first time Well the windows don't open, there's a hole in the bonnet and the sunroof has broken. We did have to fix the brakes after using it for six months and the power steering isn't very powerful.... lol hmmm maybe should have thought of all that before I started typing ... but it did pass its MOT fine .... point being, I think peeps write off cars far too quickly.

edit: oh yes I forgot my other point.... Someone drove into my car in a car park, and buggered off, bent the bumper and knocked a lump of metal off from under the light.... I reported it as I do have the other drivers ref ( courtesy of a kind soul who filmed it with his iphone ) but I wouldn't bother the expense of insurance claim or suing other driver as the car's not worth the effort.

I'll shut up now lol

[Openlaw15]

Re: Damage to my car – Is my case enough to proceed to court or is there more to do?

My current car is a M reg... it was left on a drive for 10 years without being touched... and worked perfectly first time Well the windows don't open, there's a hole in the bonnet and the sunroof has broken. We did have to fix the brakes after using it for six months and the power steering isn't very powerful.... lol hmmm maybe should have thought of all that before I started typing ... but it did pass its MOT fine .... point being, I think peeps write off cars far too quickly.

ha ha, funny what you said.