car accident claim

[calacip]

Hi

had accident last year, lawyer is still dealing with the case.... 3rd party insurance company paid for value of the car ( half of the money i paid for the car 2 years ago!). and since they didnt pay the money ontime I ended up paying for hire (at my own expense because they took theirs away before paying me..) ....I was left with little money to buy a new car... so I couldnt use that money to buy similar car! i bought a temporary car for short term hoping i claim my expense and peronal injury and buy similar car eventually .. ... court hearing is due ... and lawyer asking for personal statment . how important is the statment?

will the compensation that I recieved depend on this one statment?

because i lost my old car, old insurance company cnacelled my insurance and didnt pay me over £150 ! can i claim from the 3rd party insurer ? im basically paying twice for insurance now ....

 

also the temporary car which im driving is not as posh as the old car ( nothing near it!) its doesnt fit my life style and personality. will the judge consider this? or its a minor thing ? its really annoys me, cuz i already spent more than they offered me on expensea and almost got depression since i had the accident.

 

new temporary car keeps breaking and I have no saving to buy a decent car. and my no-win no fee lawyer is very harsh and thinks nothing is claimable.

 

thanks

[Ganymede]

Hi,

 

You should be able to claim you hire charges back was it spot or credit hire? How long did you have the hire car for?

 

When you say personal statement do you mean Witness Statement? It is very important and you will have to do one as part of the Court rules and procedures before you actually get to trial. Your Witness Statement will form the basis of your evidence.

 

Your insurance is more tricky and I agree with your solicitor that you may struggle to get the £150 back.

 

As for your "new" car not being as glamorous as your old one, I'm not sure what exactly you are looking for. There is no compensation for the fact that you chose to buy an old banger instead of waiting for your payout.

[calacip]

I got banger because I dnt have saving, Its like you hit 2 people in their face, one has to undergo surgery and one gets minor injury as result of punch. can first person get more compensation because of the level of damages? Are you saying if firsdt persons fault because he wasn’t storng enugh to survive the punch ? This is what’s happening here, I am taking more rubbish and its simply because I’m not a rich bastard

[calacip]

What if you punch or crash into someone that is pregnant ? What I’m trying to figure out is whether the law appreciates individuals circumstances……

[Ganymede]

The law does but you bought a replacement car which is good and helped to mitigate your loss.

 

How long was it between the hire ending and you getting you money?

[calacip]

they took their hire car away with 24 hours notice, i started my own hire , 10 days later got the cheque but not in full, only for 2.5K , i had to wait another 2 month for second cheque which was for salvage value of the car .... i was paying for hire car from moment they took their car away ( spend 800) until i found a new temporary car , spent rest of 2k on tmeporary car. note: also 1.5k of my overdraft is held by 2 diffrent car dealers ,i made an atmept to buy ar on finance and permannet car but negotiating failed and one one occaison AA inspeciotn report didnt look good ... ... those are still on going and im dealign with small claims and trading standards.... my lawyer thinks those are my problems too. plan was that i buy tmeporary car then resell and claim diffrences from 3rd party insurance company. im not happy becuase my old car i purchased from main dealer and never had hassle of chasing car dealers ansd doing aa inspeciotn checks and going to court ... like i said all got complex because i didnt have couple of thousands saving to save myself.

[Ganymede]

So you had access to your own hire until the 1st cheque arrived, the costs of which should be recoverable from the third party insurers.

 

How much was the salvage for? I can't imagine it being a huge amount.

 

Did you speak to your solicitors about this plan to sell you replacement car and claim the difference?

 

Your car was valued and you accepted that value so I'm not sure what else you are expecting.

 

Your solicitors are right, the problems you had with the new car you bought are nothing to do with them or the third party insurers.

[calacip]

salvage vlaue about 1.5K i didnt accept the offer, they sent cheque ( excluding salvage value), i needed more time to think about it. they wanted to finish it off quickly,and take their hire car back.. i wasnt happy about price they offered me because i knew i could not buy the same car from main dealer , with that much money ( i bought old one from main dealer). my solicitor raised tis with them explaining i never accepted this offer. my solicitor asked me if i wanted to keep the car or not but never suggested anything. im a busy professional and didnt have seocnd car to get to work so wasnt bothered about selling mysle,f i.e i dnt know the process of seeling and whats invovled. i been trying to solve the whole thing asap, i was never involved in an acicdent and didnt know it might take 1+ year to get it all sorted ... if i had known this i would have bought temporary car from day one and lowered my expectations. i was told insurance ocmpany should put me back in the same posiiton as i was before accident, i dnt see how this is happening,

[Ganymede]

They are but obviously the value of your car will decrease over time and you will not get back the full price you paid for it.