View Full Version : Advise Please!
Can anyone help me here?
I have a friend who was involved in a small accident yesterday. She was driving a Vauxhuall Corsa on a 3 lane round-about, an Aston Martin DB9 tried to exit and hit her rear end damaging the bumper an quater panel. The guy admitted it was his fault and offered to pay for the damage himself as his excess is £2K. Now the guy is saying that before he pays anything (est £300) he wants her to sign a letter stating that no one was at fault and it was an accident, he is also now saying that she was partly to blame as she was in the wrong lane!
She has told him that it's now getting complicated and maybe they should just go through the insurance, the DB9 driver responded by saying he will fight any claim.
Any advice? Personally, I wouldn't sign anything as he could use the letter to get out of paying for the damage.
Cheers!
I definitely wouldn't sign.
He doesn't get to fight the claim. He gets to tell his insurance company what happened - and they will decide what to do. Of course - he may lie.
Dont sign anything! Let the insurance companies sort it out, he has already admitted fault so your friend needs to tell them that.
Tell her to send his request to her in writing.
He's just faxed over a letter that he has drafted, all she needs to do is sign it and fax it back. On the letter he has stated an amount that he is willing to pay, but this is only an estimate, costs could always increase when the repair work is being carried out.
The point is - if she signs it, and then he changes his mind she has now admitted partial liability in writing - which means her insurance would find it almost impossible not to pay part of the repairs. I assume there is damage to the DB9? Which her insurance might be forced to pay.
I also thought most insurance policies advised you NOT to admit liability so if it did subsequently end up with them I'm not sure how happy they'd be.
Might be an idea to Get her to write a letter to him saying that she will agree to him sorting the repairs on her car without going through insurance, but she will not accept liability for the accident, he hit her, end of.
Also, she could contact her insurer and inform them of a non fault accident as a matter of course, but it will be sorted by the third party, just so it's on record.
Rob Dublin
08-10-07, 16:58
Ask for £500 and she'll sign whatever he likes!
Cheers guys, I agree with everything you've all said. She's going to call the insurance company tonight and let them know whats happended and also read them his letter to see what they think.
Thanks again!
ShamelessTT
08-10-07, 17:03
Dont sign anything, thats what you pay for insurance for. Let them sort it all out and NEVER admit fault!
marbleapple
08-10-07, 17:05
He sounds like a clever solicitor bloke trying to con her. If she admits partial liability she is screwed (nice legal term)....
Draft a letter yourself stating that it was his fault but that you would accept x amount in full and final settlement of the matter. That gives him protection and you.
Sounds like he's found some damage on the Aston that he initially wasn't aware of.
If she signs the letter, he can use it as evidence to make a non-fault claim on his own insurance.
He's said he's had a quote for £400 to sort his Aston.
Thing is, he may use that signed letter to get out of paying her repair fees. If hes being an arse like that then dont play his game!
You should also tell her to contact the police as silly as it sounds. Even if no one was injured.
A mate of mine was in a little bump once, it went to court because the 3rd party denied all knowledge and the 3rd party won. The court also fined him £800 and 6 points for leaving the scene of an accident without notifying the police.
she should tell the police as proof and they will give her a police log number so it will be on file.
marbleapple
08-10-07, 18:01
He's said he's had a quote for £400 to sort his Aston.
Just because some one 'says' something doesnt mean it is the truth.
You want a latter from him claiming total fault and in return you will provide a letter of receipt stating that for the payment of X you will not take him to court etc.
You also want the money in your hands before you give any receipt etc
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