Superparkit

Just before Christmas, an old boy hit me whilst reversing out of his space at Waitrose. Whilst there was no damage to his vehicle, he has damaged my rear wheel arch. At the time he jumped out of his car and apologised profusely saying he hadn't seen me. I have now received a letter from his insurance company saying that they are holding me fully responsible for the accident. My husband recalls reading an article by you about sending a small claims summons to the owner of the vehicle etc.

Asked on 21 February 2009 by

Answered by Honest John

There are some FAQs about this at www.honestjohn.co.uk . But your tactic now should be to sue the old boy's insurers using the small claims track at the county court (with a copy to the old boy), stating firmly that, on the facts, he was to blame, summoning him to the hearing, and reminding him of the penalty for perjury. His insurers are simply using a standard dirty tactic of ‘attack first’. They will roll over once they see they can't win.

Tags: insurance legal issues small claims court claims

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