Small claims court for minor accident - any advice?

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SFWR
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Joined: 12 May 2021, 7:00am

Small claims court for minor accident - any advice?

Post by SFWR »

Hi all

A driver who hit me has not paid the £200 expenses I sent to him. Is it worth taking him to the small claims court? I searched the forum here for advice but couldn't quite find the right answer. I have added details below. I've also just been reading on the CAB website and money saving expert about the small claims court process. Any advice and sharing of your own experiences of the small claims court would be much appreciated and whether it is worth me pursuing.

Many thanks
SR

- - - - -
I was hit by a car a few months ago. It was my right of way. I thought he was stopping / had stopped where he was meant to at the give way sign. I continued, he suddenly sped up and hit me. I didn't fall off my bike but was jolted heavily. He admitted at the scene he hadn't been looking (he said he had been watching a couple argue on the pavement) and didn't see me. He said verbally and in a text after that is was his fault and that he would cover my expenses to fix my bike if needed. It wasn't apparent in the moment if any repair was needed. We swapped details and I went home.

Half an hour later my back and neck was hurting so I called NHS direct for advice. A nurse assessed me on the phone and advised not to cycle til these whiplash injuries subsided. The next day I left work early due to nausea and lack of focus. I didn't cycle for 2 weeks, took public transport to work during that time, and after a month when the acute pain had gone/health centres reopened, went for a deep tissue massage to help ease the pain and work out the ongoing tightness in my neck and back. I went back for a 2nd massage a few weeks later to continue the work. My bike back wheel had to be replaced and pannier clips repaired.

I have a police reference number. Police stated they won't prosecute due to lack of evidence. I have photos of my broken bike and pannier, I have text messages the driver sent to me after apologising, saying it was his fault and would pay any expense, and I have receipts for expenses. When I filed the police report to get a ref number, the driver texted me soon after he received his letter from the Met saying 'why did you go to the police, you didn't even fall off your bike'. A month ago, when I felt everything had settled in terms of my back, I sent a letter to him with expenses/receipts but no reply. The £200 is £100 bike repair, £50 travel expenses while injured, £50 for one massage. A few months on, I now have chronic back ache which is something I used to suffer from 10 years ago - it is hard to tell if it is a result of the accident, so I can't prove that but I suspect the accident has contributed to the return of this flare up. I will go for ongoing massage / acupuncture but this is not part of my original claim to him and don't think it can be due to lack of evidence and my historic back issues.

The month deadline I gave him to pay is up on 17th May and I am unsure what to do next. I just want my expenses covered and for the incident to be over.
Jdsk
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Re: Small claims court for minor accident - any advice?

Post by Jdsk »

Welcome.

I think this is your first post.

Is this in England?

Usual advice: keep contemporaneous written records of all communications.

Your claim is within the limits of the small claims process. Are you sure that you won't want to make another claim?

Do you have cover for legal expenses as part of membership of a union, or association, or an insurance policy?

Jonathan
Bonefishblues
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Re: Small claims court for minor accident - any advice?

Post by Bonefishblues »

I am wondering why this isn't a matter for the driver's insurers?
thirdcrank
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Re: Small claims court for minor accident - any advice?

Post by thirdcrank »

Here's an old thread which covers a lot of this.

viewtopic.php?p=280832#p280832

A successful case involving a small claim is explained in there by my hero stoobs. "My hero" because a learned friend queried his detailed legal knowledge and he replied "It's easy: even a monkey could do it."

The steps are here if you decide to go further. It sounds as though you may already have read them

https://www.citizensadvice.org.uk/Globa ... -pdf-2.pdf

The procedure is simple but it depends on you to pursue it, especially if the other person is blanking you. Another point is that a court claim still has to be proved on evidence. I hear some talking as though making the claim will, in itself, guarantee success, but in a case like this you still have to prove what happened. That's only to the civil standard - balance of probabilities - and if the defendant ignores everything then you will be kicking into an open goal. Then as the advice explains, if you get a judgment in your favour, you still have to enforce it if the defendant does not cough up. ie It needs a tenacious monkey.
PH
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Re: Small claims court for minor accident - any advice?

Post by PH »

Bonefishblues wrote: 12 May 2021, 9:17am I am wondering why this isn't a matter for the driver's insurers?
That's also my first thought. I think the driver would have been required to inform their insurers, so I'd be contacting them to ask if they had and for the insurance details.
I had a claim a couple of years ago from a car running into me at a junction. The driver wanted to settle it themselves, but started messing about, so I dealt with their insurers. I claimed for the property damage, not a huge cost but it included a new bike, the insurers dealt with it in less than two weeks, all very straightforward. I received a small injury, grazed shoulder, sprained wrist, I was told by the insurer that any injury claim would have to be handled by their legal team rather than the person I was talking to (Loss adjuster?) I decided not to pursue it. In the end the insurers paid over twice as much as I'd originally asked the driver for, so I'm glad I went that way.
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al_yrpal
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Re: Small claims court for minor accident - any advice?

Post by al_yrpal »

I have used the small claims court twice where other drivers caused accidents damaging my car and then tried to claim it was my fault. I just put in very comprehensive claims to the court for all the damage plus charges for loss of vehicle whilst being repaired and inconvenience and in both cases received the money with 10 days as the drivers didnt defend my claims.

My advice...you know you are right dont mess about just fill in the forms and get your compensation.

Al
Reuse, recycle, thus do your bit to save the planet.... Get stuff at auctions, Dump, Charity Shops, Facebook Marketplace, Ebay, Car Boots. Choose an Old House, and a Banger ..... And cycle as often as you can......
ClappedOut
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Re: Small claims court for minor accident - any advice?

Post by ClappedOut »

“Without prejudice”

“Notice of intention of litigation”

Following an admission of liability the damage of £200 has been caused, if settlement not received within 14 days a Money Claim Online (MCOL) will be issued without further notice.

Send it recorded with proof of posting.
SFWR
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Joined: 12 May 2021, 7:00am

Re: Small claims court for minor accident - any advice?

Post by SFWR »

Thank you everyone, really appreciate it. And for sending the old thread/links. Yes, it's my first post here and I'm in the UK (London).

I've kept photos, texts, receipts, written records etc. No cycling/other insurance. The evidence I have that he hit me are - photos of bike and pannier. The description in the police report I sent in though that's subjective. I also have a text message from him apologising and saying it was his fault after.

The issue with my back is hard to prove as a month or so after the accident I did a bit too much cycling and lifting on one day and it ached after that, though I think because of weakness from the accident. A few weeks later, my back aches here and there like it used to 10 years ago. But I don't know if that's from the accident making it weak again or from anything else. Hence not really having proof that the accident caused a flare up. Re claiming further - does inconvenience, stress and time count? I only feel I can prove he owes me £200, I'm not sure what further I can ask for in terms of money/further claim.

I didn't know about contacting their insurers direct - I only have the name, phone number, email and address of the driver. So I've just sent him a message asking him if he contacted them and to provide insurance details. Once I have their details, would I contact the insurers with what I have sent him (details, amount, receipts, any proof) and ask for the £200?

If no details sent, I'll go to the small claims court, seeing as I already sent the driver a comprehensive letter a month ago with no reply. I'm happy to read through links etc and do things diligently. Just was trying to avoid the stress I thought it might bring (on top of busy/intense job etc) but want to right this wrong, as well as get my money back.

I really appreciate the support here as it's give me direction and next steps, thank you.
ClappedOut
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Joined: 30 May 2020, 12:43am

Re: Small claims court for minor accident - any advice?

Post by ClappedOut »

Ask police for drivers insurance details, a collision in a car I had cost some one 8 points and £800 fine
ClappedOut
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Joined: 30 May 2020, 12:43am

Re: Small claims court for minor accident - any advice?

Post by ClappedOut »

Also no win no fee possibly another route
slowster
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Re: Small claims court for minor accident - any advice?

Post by slowster »

Read this thread in full or least read all the posts of the Original Poster- viewtopic.php?f=1&t=140538&start=105

Based on that poster's experience, I would suggest you seriously consider using a solicitor. Regarding your back ache possibly being a pre-existing problem which has flared up because of the accident, that does not preclude a claim for injury. There is a legal principle called the 'eggshell skull rule': all that matters is whether the accident caused the flare up (which it most likely did in the absence of any other cause).
jatindersangha
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Joined: 23 Jun 2015, 11:19am

Re: Small claims court for minor accident - any advice?

Post by jatindersangha »

You can get the insurance details of the car via https://www.askmid.com/askmidenquiry.aspx for £4.50.

I'd recommend going through a solicitor (eg. Leigh Day) and have them handle everything on a no-win/no-fee basis. They should be able to get additional compensation from the driver's insurance for the pain, public transport costs, time off work etc.

--Jatinder
Psamathe
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Re: Small claims court for minor accident - any advice?

Post by Psamathe »

jatindersangha wrote: 16 May 2021, 8:50pm You can get the insurance details of the car via https://www.askmid.com/askmidenquiry.aspx for £4.50.

I'd recommend going through a solicitor (eg. Leigh Day) and have them handle everything on a no-win/no-fee basis. They should be able to get additional compensation from the driver's insurance for the pain, public transport costs, time off work etc.

--Jatinder
Double check as if it's a Small Claims Court my (quite possibly wrong) understanding was that you can't be awarded legal fees which would make No win No fee a non-starter (as the legal company could never claim their fees from the defendant).

But all I'm saying is to double check as I readily admit I may be wrong on this.

Ian
Jdsk
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Re: Small claims court for minor accident - any advice?

Post by Jdsk »

Citizens Advice is a reliable source on the small claims process:
https://www.citizensadvice.org.uk/law-a ... ll-claims/

In England you can't claim fees paid to solicitors but you sometimes can claim eg fees paid to expert witnesses. As above, check.

Jonathan

PS: There isn't a Small Claims Court, it's the small claims process of the County Court.
thirdcrank
Posts: 36776
Joined: 9 Jan 2007, 2:44pm

Re: Small claims court for minor accident - any advice?

Post by thirdcrank »

As a nitpicking point of information, AIUI, the separate Small Claims Court was discontinued some years ago and replaced by the Small Claims track of the County Court. Once there's the possibility of a personal injury claim, the only advice must surely be to consult a solicitor. If they cannot represent you through some form of no win, no fee they will explain what's what. Settle quickly to avoid the fuss and you may repent at leisure.
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