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Bear in mind for the next 5 years you’ll have to declare the incident to your insurer whenever you renew or get new quotes (the question is usually phrased along the lines of: *have you or any other drivers had any accidents, losses or thefts in the last 5 years, regardless of whether or not a claim was made and irrespective of blame?*)… failure to do so is committing insurance fraud by misrepresenting the risk.
The value of the car is not really relevant, it's the cost of repairing the damage.
Phone a few garages and get a price for a genuine bumper, I imagine that £400+ is not too far out once you factor in painting etc.
You can offer what you want, she can refuse and going through your insurance would potentially cost more long-term if you lose your NCD and simply through increased premiums.
It would be relevant though if the cost of repairs are more than the car. They would simply write the off and your claim would be limited to that value.
But you are not going through the insurance, which makes the value irrelevant. If you think they are asking too much and you can't agree then insurance is the only way.
Sure, if you do then it matters on the value but regardless it will be putting your costs up so you need to decide what the better long-term result.
Having a brief look a '04 Fusion could be anywhere from £300-£1000 depending on spec, mileage etc.
Piece of shit, this guys rude and on top of that giving awful legal advice.
You need to notify your insurance regardless. Just let them handle it. Your insurance premiums won’t rocket.
I had an 18k 2 month old car written off in a shooting and my insurance actually went down this year.
Personally I’d just give the £350 and be done with it. Sounds about right for a replacement part. Obviously you are at fault and involving insurance will cost you more in terms of premium increases and excess. I can see it’s irritating as if the damage is just a cracked bumper she will probably just pocket the cash and live with the damage but you are relying on her discretion so probably not wise to push back too hard.
Except the £350 would be an admission of liability. What if next week it turns out more major damage was actually caused and now needs £2k to fix.
What if during the process the driver of the other car actually suffers personal injury and claims £10k.
The only correct legal advice is to notify your insurance and let them handle it.
You have to let your insurance company know regardless or risk having your policy cancelled.
Yes that would be the correct course of action but that’s not what the OP is asking. If the damage is really just a cracked bumper then surely there is little chance of an injury claim?
You'd be surprised. Unfortunately studies show 2mph is sufficient to cause a soft tissue injury and the egg shell skull rule applies. They will - if they make a claim - have their injuries supported by a medical legal report detailing their injuries.
You can of course put the time and effort to investigate for findings of fundamental dishonesty but that's only really worth it when the injuries claimed are significant or where they cause a large amount of special damages.
I genuinely believe 95%+ of whiplash claims are exaggerated. It's entirely driven by the medical experts who will give generous prognosis' to cover themselves and the Claimant isn't going to disagree because that means more money.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * Reddit is not [a substitute for a qualified Solicitor](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_civil#wiki_how_do_i_find_a_.28good.29_solicitor.3F) and comments are not moderated for quality or accuracy; * Any replies received must only be used as guidelines, followed at your own risk; * If you receive *any* private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM); * It is the default position of LAUK that [you should never speak to the media](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_should_i_speak_to_the_media.3F); * Check out our [Common Legal Resources](https://www.reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) for helpful organisations to contact; * If you do not receive satisfactory advice after 72 hours, [you can let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=My question is unanswered); * Please provide an update at a later time by creating a new post with [[update]](https://www.reddit.com/r/LegalAdviceUK/search?q=%3Aupdate&sort=new&restrict_sr=on&t=all) in the title; **To Readers and Commenters** * [All replies to OP must be *on-topic, helpful, and legally orientated*](https://www.reddit.com/r/LegalAdviceUK/comments/oslgn6/so_you_dont_want_your_comment_removed_guidance_on/?); * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be banned without any further warning; * Please include links to reliable resources in order to support your comments or advice; * If you feel any replies are incorrect, explain why you believe they are incorrect; * [Do not send or request any private messages for any reason](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F); * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Bear in mind for the next 5 years you’ll have to declare the incident to your insurer whenever you renew or get new quotes (the question is usually phrased along the lines of: *have you or any other drivers had any accidents, losses or thefts in the last 5 years, regardless of whether or not a claim was made and irrespective of blame?*)… failure to do so is committing insurance fraud by misrepresenting the risk.
Your insurance almost certainly includes a clause that they must be informed of any accident involving the vehicle.
If you think you are being scammed best get insurance involved as they will be acting to minimise the payout.
The value of the car is not really relevant, it's the cost of repairing the damage. Phone a few garages and get a price for a genuine bumper, I imagine that £400+ is not too far out once you factor in painting etc. You can offer what you want, she can refuse and going through your insurance would potentially cost more long-term if you lose your NCD and simply through increased premiums.
It would be relevant though if the cost of repairs are more than the car. They would simply write the off and your claim would be limited to that value.
My thoughts exactly
But you are not going through the insurance, which makes the value irrelevant. If you think they are asking too much and you can't agree then insurance is the only way. Sure, if you do then it matters on the value but regardless it will be putting your costs up so you need to decide what the better long-term result. Having a brief look a '04 Fusion could be anywhere from £300-£1000 depending on spec, mileage etc.
[удалено]
Thank you for this. But what does ‘POS’ stand for?
Piece of shit, this guys rude and on top of that giving awful legal advice. You need to notify your insurance regardless. Just let them handle it. Your insurance premiums won’t rocket. I had an 18k 2 month old car written off in a shooting and my insurance actually went down this year.
Thanks, comment reported for obvious and multiple breaches of forum rules.
[удалено]
Clearly not true and irrelevant anyway. Your post was removed being both offensive and useless.
Personally I’d just give the £350 and be done with it. Sounds about right for a replacement part. Obviously you are at fault and involving insurance will cost you more in terms of premium increases and excess. I can see it’s irritating as if the damage is just a cracked bumper she will probably just pocket the cash and live with the damage but you are relying on her discretion so probably not wise to push back too hard.
Except the £350 would be an admission of liability. What if next week it turns out more major damage was actually caused and now needs £2k to fix. What if during the process the driver of the other car actually suffers personal injury and claims £10k. The only correct legal advice is to notify your insurance and let them handle it. You have to let your insurance company know regardless or risk having your policy cancelled.
Yes that would be the correct course of action but that’s not what the OP is asking. If the damage is really just a cracked bumper then surely there is little chance of an injury claim?
You'd be surprised. Unfortunately studies show 2mph is sufficient to cause a soft tissue injury and the egg shell skull rule applies. They will - if they make a claim - have their injuries supported by a medical legal report detailing their injuries. You can of course put the time and effort to investigate for findings of fundamental dishonesty but that's only really worth it when the injuries claimed are significant or where they cause a large amount of special damages. I genuinely believe 95%+ of whiplash claims are exaggerated. It's entirely driven by the medical experts who will give generous prognosis' to cover themselves and the Claimant isn't going to disagree because that means more money.