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Just after a bit of advise if there is any to be had.
My brother had an accident in his car just before new year, he hit a parked car and damaged the rear bumper and tail light assembly. The owner as you can imagine wSnt best pleased but my brother apologised and offered to repair the damage, the guy followed my bro to his garage where the damage was inspected by both owner and my bro, clearly it requires a bumper and a light unit and it was agreed he could repair it. Since then he has changed his mind and wants to have a bodyshop carry out the repair. We offered 2 local garages but he declined both, we offered a main dealer repair, he again declined and requested we went through insurance. My brother called his insurer to check excess levels oh to be told his policy expired 10days before and the automatic renewal hadn't processed. The guy is aware of this (we are open honest people) and asked he would allow us to just pay for the repair. Now 3 weeks prior the owner bumped his front bumper and was advised by his insurance the repair would render his car a write off as it is a 12yr old skoda Octavia petrol saloon with over 100k miles.
So now he doesn't want to go through insurance but instead has demanded we buy the car from him, in cash tomorrow for £1500. My brother is worried most that he will be prosecuted for driving without insurance but I feel this guy is almost blackmailing him into paying, what I consider, £6-700 more than the car was worth pre damage?!
Before we pay this guy I just thought I would put it out there and we if we really are over the barrel in the way this guy thinks we are?
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djoptix
Part of things
Citroen BX 16 valve
Posts: 333
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Sounds like blackmail to me. Poor show...
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OMG i totally would have that car if a) you lived closer b) i had the dosh c) i could sell this rusting mk1 Civic d) my benefits come through e) my wife would let me f) my mum would let me g) you'll MOT it
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eternaloptimist
Posted a lot
Too many projects, not enough time or space...
Posts: 2,578
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Skoda man appears to be an utterly unpleasant individual.
Even if you do buy the car off him, he could still talk to the Police and create a significant problem. Not really sure I see a good outcome to this - your brother was driving uninsured whatever happens.
Personally, I'd talk to the Police directly and outline exactly what happened. I'm assuming there's a good reason the insurance renewal didn't happen?
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XC70, VW split screen crew cab, Standard Ten
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VIP
South East
Posts: 8,293
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You are under no obligation to purchase the Third Party car.
The owner of the Skoda can put a claim in through the Motor Insurance Bureau who can offer settlement where the Third Party is not insured or has breached the T&Cs of their Policy.
You run the risk of being reported by the Skoda owner for driving without insurance. This would result in 6-8 penalty points and a fine of around £300, so not as expensive as buying the Skoda, but will effect the policy price for the next 5 years.
Insurance renewal is supposed to be automatic if the company is not informed otherwise - I'd be making enquiries as to why that didn't happen, but being ignorant of it happening is not an excuse. He should have realised when the new documents didn't appear that something was up.
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Skoda man appears to be an utterly unpleasant individual. Even if you do buy the car off him, he could still talk to the Police and create a significant problem. Not really sure I see a good outcome to this - your brother was driving uninsured whatever happens. Personally, I'd talk to the Police directly and outline exactly what happened. I'm assuming there's a good reason the insurance renewal didn't happen? The insurer sent one of those ' your insurance renewal is due, if nothing has changed then no need to contact us and we will automatically renew your policy from....date'. I I had the same email from the same insurer and I have since received my new documents, no contact given. Not good enough for my brother but an honest mistake, I don't really know wether the police would be interested, it's a civil matter as fr as the damage is concerned and we have offered every solution to repair the car, I even offered a loan car for the duration of the repair, we buy any car have valued the skoda at £405!, cap guide £600 so £1500 is extortion! |
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Tell skoda man there is no way you are buying his old high mileage car for £1500,there is nothing in law forcing you to.
You have offered to have his vehicle repaired if he refuses to have it repaired its his loss.
Now write skoda man a cheque and pass it to him and get him to sign a reciept stating it's full payment for damage to his vehicle.
That should be the end of the matter,his car has been damaged,you have paid for the repair end of story.
As for the insurance issue contact your company as oversights like this happen,get them to show the vehicle was insured and is now insured under the same updated policy this usually suffices.
The incident was a damage only collision therefore once both parties exchanged details there is no requirement for the police to attend.
Make sure skoda man is made aware of the last line.
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1965 Morris Minor 1000 soon to be 1380
1997 MK1 MX-5 1.8 (sold)
2009 MK3 MX-5 2.0 (sold)
2008 Mini Cooper (sold)
2003 Mini Cooper S (sold)
Fixed wheel Raleigh Clubman (sold)
1982 Yamaha RS125DX (sold)
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The car has been insured as soon as it came to light, do you think he could still be prosecuted?
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I've sent you a message.
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1965 Morris Minor 1000 soon to be 1380
1997 MK1 MX-5 1.8 (sold)
2009 MK3 MX-5 2.0 (sold)
2008 Mini Cooper (sold)
2003 Mini Cooper S (sold)
Fixed wheel Raleigh Clubman (sold)
1982 Yamaha RS125DX (sold)
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We were with Tesco insurance. I informed them of a car change and was told that we weren't insured with them any more. I pointed out their paperwork sent to us that said cover would automatically be carried on unless we advised then otherwise and they agreed a mistake on their part. I was told that in the event of an accident they would have honoured any claim and gave us 2 months free cover as an apology.
I'd say
(a) contract insurer to find out exactly where you stand
(b) inform Police of the situation in that the other party is trying to extract money over and above what they are entitled - basically blackmail.
(c) all the other party is entitled to is the cost for repair of the original damage - which you already have quotes.
(d) give them a cheque for the amount of the quote as originally agreed pointing out that is all they will get.
Good luck.
Paul H
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If it was 10 days before auto renewal, you're still covered as they will automatically just carry it on and they can't leave you uninsured. If you had contacted them after getting the letter and let them know you wanted the policy to run out and end, you'd be in the poop. They'll take the first payment of your policy towards the end of the first month.
Skoda mand sounds like an absolute Tool. As most have said, write him a cheque for the original quote and that's it. There is no way in hell I'd cough up £1500. It doesn't pay to be honest sometimes which is why a lot of peeps will drive off if they dink your motor.
I was in my works Ambulance just before new year and I smashed the wing mirror off a van. It was very tempting to drive off but it was daylight and there were people about and it wasn't worth the potential hassle. I knocked on the door and we agreed I'd buy a new wing mirror and bung him a tenner for paint. Insurance wasn't mentioned at all. The mirror on the Ambo was untouched and I was £70 lighter in the pocket (it was an electric Vito mirror) but I had no trouble at work and it was all sorted. I even helped him fit it.
I was lucky that the guy wasn't like your Skoda man......
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1993 Mercedes-Benz 190e LE in Azzuro Blue.
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I doubt very much if the Police will be interested. Your brother's obligation is to put the Skoda owner in the same position as he would have been without your brother's negligent act, i.e. repair the damage he caused.
If he mentions Police again, suggest that the Police may be more interested in his attempted blackmail than your brother's uninsured driving, given that there are two witnesses to that and only his word that any accident occurred and that your brother was driving at the time.
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ferny
Club Retro Rides Member
Posts: 984
Club RR Member Number: 13
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Any legal advisors??ferny
@ferny
Club Retro Rides Member 13
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Let's see...
Potentially get in trouble but have a clean conscience. Everything gets done in the open and once resolved is finished with.
or
Potentially get in trouble. Be £1500 out of pocket and stuck with an old (damaged) Skoda. Possibly have more grief from him or the insurance companies later on.
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I would love to just drop him the money off for the damage caused, but he won't take it to a garage for a quote!
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Police really aren't interested in insurance claims, although uninsured driving yes. However i'm pretty sure your brothers insurance company can back up the mistake on their part for it not renewing. Also, unless anyone tells the police in the first place then nothing will happen at all, only you can gauge if the guy is enough of a tool to try reporting it.
Sounds like the guy is chancing his luck, i'd tell him you've offered every available opportunity to repair and or / pay for the damage, if he's still being a sod i'd just ignore him. When he realises he isn't going to get the £1500 he'l likely give up and take what he can get. I'd give it a few days and this is what will happen i'm sure.
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Police really aren't interested in insurance claims, although uninsured driving yes. However i'm pretty sure your brothers insurance company can back up the mistake on their part for it not renewing. Also, unless anyone tells the police in the first place then nothing will happen at all, only you can gauge if the guy is enough of a tool to try reporting it. Sounds like the guy is chancing his luck, i'd tell him you've offered every available opportunity to repair and or / pay for the damage, if he's still being a sod i'd just ignore him. When he realises he isn't going to get the £1500 he'l likely give up and take what he can get. I'd give it a few days and this is what will happen i'm sure. My thoughts exactly, he's trying it on. |
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Whatever happens, make sure the Skoda does NOT get bought, it'll generate far more trouble! Hope this gets sorted as easily as possible.
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Just leave it. If he went in front of a judge the judge would tell him he is being unreasonable. He should have the damage assessed, supply two quotes and expect you to pay the cheapest quote. Anything else is not reasonable and therefore you should just sit tight.
I have been in and out of the small claims court with lawyers recently.
You also should not speak to him on the phone or initiate any contact. When you receive paperwork that meets the criteria of a reasonable claim (two quotes for the damage that you believe are reasonable) by post then respond. Anything else, scuh as phone calls or visits, just ignore.
The police are unlikely to take any action as this is a civil claim.
In other words don't pay anything that is not fair.
Charlie
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Tell him you haven't got 1500 cash so you can't bring it round tomorrow, simple as that. Then tell him to F off and not contact you again. If he wants to pursue an insurance claim against you (unlikely), let him - your bruv can take up his insurance co's failure to continue cover as a separate matter. if they have sent him a letter saying they'll continue cover unless he tells them otherwise, then he's done nowt wrong, they have. This guy sounds like a dithering opportunist spanner and I would just refuse all further contact with him.
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1974 Lancia Beta Saloon
1975 Mazda 929 Coupé
1986 Mazda 929 Wagon
1979 Mazda 929 Hardtop
1982 Fiat Argenta 2.0 iniezione elettronica
1977 Toyota Carina TA14
1989 Subaru 1800 Wagon
1982 Hyundai Pony 1200TL 2-dr
1985 Hyundai Pony 1200 GL
1986 Maserati 425 Biturbo
1992 Rover 214 SEi 5-dr
2000 Rover 45 V6 Club
1994 Peugeot 205 'Junior' Diesel
1988 Volvo 760 Turbodiesel Saloon
1992 Talbot Express Autosleeper Rambler
2003 Renault Laguna SPEARS OR REAPERS
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matto
Part of things
Posts: 222
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I think the best way to look at it is that your brother has committed a fairly minor motoring offence. The fault of which appears to lay with his insurance company. Are the Police/CPS going to want to run with this? Probably not and if they did the punishment is fairly minor as mentioned above, almost certainly less than the cost of buying the Skoda.
Skoda driver however is potentially committing blackmail, an offence that is usually punished by a prison sentence. What threats has he made if you don't pay the money?
I'd be tempted to say to him that you'll forget about his crazy attempt to blackmail you, if he forgets about the original damage.
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purcyp
Part of things
Posts: 70
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He is taking you for a ride.
Blackmail is a jail term, he will argue or well try and dig that you were driving uninsured which technically you were not, if the police cared about that they would contact the insurers and back up your claims and you will be covered.
basically keep it simple, don't swear at him, don't intimidate him just ignore him, the more agitated he gets for you doing the right thing, he will end up in more trouble.
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