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manxyiom

Car storage & Full and final settlement

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New post ref manxyiom

Incident; Car A (me) does a u-turn on a small white painted roundabout with the intention of returning back along the road where I first came from.

Car B (defendant) stops at roundabout and wrongly believes that Car A (me) who is indicating right, will turn off and up the road past Car B. Unfortunately, Car B hits Car A. The police were contacted by mobile, but due to it being a RTA, they did not attend. Both parties stated that they had no injuries and the cars being drivable, went to a local accident garage and repair shop.*

My car costing £800 was estimated costs of approx £1500 to repair this. I found out that there would be a charge for keeping the vehicle at these premises and as the car was drivable, I drove it home.

Due to the car having problems, I had a few lifts off friends to go to work and lifts off my family to attend my hobbies.

I therefore bought a car for £400 as a stop gap, until the claim was settled, so that I could get about as before. I did not hire a car.

 

Note; The highway code clearly blames car B for the accident and after a lot of wrangling over 10 months, the insurance company of Car B accepts this.

========================= ============

I have received a cheque today from the insurers of Car B which states;

CHEQUE ACKNOWLEDGEMENT FORM

I hereby acknowledge safe receipt of a cheque in the amount of £ , and understand that the cheque is in*full and final*settlement of all claims arising out of the road traffic collision referred to above

signed................

Dated................

========================= ===========

I understand that if the vehicle was situated at the garage, then the garage would charge storage fees of some £15 a day.

The vehicle has been stored at my premises since September 21st 2009 and todays date is 28th July 2010.*

 

1/ If I sign the letter as in*full and final*settlement, can I look at other costs?

2/ Can I claim for storage costs and if so, what should I do?

 

I would appreciate any replies, thank you.

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Hi and welcome to CAG.

 

I take it you have third party cover and as such, been dealing with the tP's insurers direct. I also take it that your car was deemed as un-economical to repair and as such has been 'written off' and subsiquently you have recieved this 'offer'. Firstly, if you do sign the document and cash the cheque, then no you cannot look at other costs. Secondly if the car still belongs to you, then I think you would find it difficult to claim storage costs. Having said this, you can claim un-insured losses such as car hire, excess and legal expences although to persue these may require taking legal action. I note in your post you use the term 'defendant' which suggests that you have possibly commenced legal proceedings. Can you clarify this? In any event, I would consult a solicitor before signing to accept the 'full and final offer' as it clearly isn't acceptable to you.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Hi all

 

O P's insurance have admitted liability.

If the other parties insurance is paying you a sum of money by 'writing your car off ' it then became property of O P's insurance and they dispose it.

If you sell it spares and repair or break it for spares then O P's insurance could claim that money back from you.(or deductfrom final payment offer)

For you to keep the car you may have buy it back from insurance company.

It also depends what vehicle assessor deemed the damage was, self repairing of car is cheaper than garage costs but it may classed as scap only.

You cannot submit storage fee claim whilst the car was on your property.

To claim any cash outlay to attend work, visit people and hobbies it is hard to prove. Taxi receipts you can claim.

 

Full and Final settlement is what you are willing to accept to close the action.

:confused: If you want more money refuse offer and ask for more.

 

:) If it is the amount you are happy with then accept CHQ and bank it. :D

 

case closed.

 

:)

 

dk


:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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Car B's insurers need to get some new lawyers in:

 

188

Mini-roundabouts. Approach these in the same way as normal roundabouts. All vehicles MUST pass round the central markings except large vehicles which are physically incapable of doing so. Remember, there is less space to manoeuvre and less time to signal. Avoid making U-turns at mini-roundabouts. Beware of others doing this.

 

No way they should have accepted sole responsibility.


Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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My own car was hit broadside on a mini roundabout. Three way junction on hospital grounds 10mph speed limit. the middle of my car was 15 inches narrower than axle width, also creased roof. She claimed she did not see me. (car's length approx 4.5 metre) and said she was not speeding!!!! She did end up admitting liability.

Even before this I did not like them. I had seen to many close calls but one hit MINE.

 

 

 

dk


:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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