car collision, threatened with legal action over cost of pre-existing damages
I was in a two car collision (my fault) where I hit the back of another car. Neither party was insured. I asked the other driver to get a collection of quotes for damages to the rear of the car.
I received a letter from the other drivers lawyer demanding payment for damages to the rear AND front of the car (the other driver didn't hit anything in front) and additional items allegedly damaged in the accident.
I replied asking for a quote for damages to the rear only and photos of the allegedly damaged items.
I received a response from their lawyer stating that as I was denying liability for the damage to the front of the car legal proceedings would follow. What are my options?
Hi there. It can be scary to receive a letter threatening legal action! However, it may be the only way to resolve the dispute between you and the other driver.It sounds like while you acknowledge you are responsible for the damage caused to the rear of the car, you are disputing that you caused the damage to the front of the car, as well as the additional items. This is what the other driver’s lawyer would mean by denying liability: you rightly say you should not pay for the damage you are not responsible for.
However, as the other side does not accept your
version of the facts, you are in a difficult position. While you could do it
yourself, a lawyer could help you write a letter to the other driver explaining
in detail what happened in the accident, referring to any evidence you have to support your story. This could convince them that they shouldn’t pursue their case. If the other driver commences legal proceedings
(which you will know about because you will be served with court documents) a
lawyer can help you put together a defence. The ultimate outcome will depend on
what evidence you and the other driver have to support your claims.
Suggested way forward
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