Accidents Happen - Questions and answers

1. Question

I reversed into the side of a stationary vehicle last month, and decided to resolve the matter privately with the owner. He got an estimate for the repairs, which I agreed to pay. Now the owner is asking for more money what should I do?

Answer

The first thing to note is that dealing with insurance claims privately can be very complicated and very expensive. It’s why it’s always advisable to take professional advice. Technically, by accepting to foot the bill, both of you have entered into a binding contract to deal with the damage caused by you. However, you have agreed the damage based on an estimate and not a quotation and so if further damage is found when the repair work is underway, then you risk having to pay more to complete the repairs.

2. Question

Someone smashed into the front of me after jumping the lights. My car has to go into a bodyshop for repairs, am I entitled to a courtesy car?

Answer

Courtesy cars are usually offered by the repairer or your own insurer and are generally restricted to small cars like a Ford Ka. However, you may be entitled to a like for like replacement since the rights of the innocent motorist are enshrined in Common Law, Tort and European legislation. The negligent third party will be responsible for the hire costs.

3. Question

My daughter was a passenger in my car when I drove into the back of a car at a T Junction. Is she able to claim compensation for her injuries?

Answer

In these circumstances it was your negligence that caused your daughter to be injured. In terms of her injury, she could claim compensation but only by bringing an action against you, which will be defended by or settled by your own insurer.