So, who's at fault.

[Sara_H]

If the driver is being arkward I would be considering going to the police. If she's not insured I would definitely be going to the police.

 

[deanE]

The driver was at fault.

First thing is be professional.

The first thing they will do is try and reduce the cost. Don't let them, stick to your guns and they will pay the full amount.

The husband has no say in this matter, I would address any correspondence to the driver not the husband. Make it clear that you will only deal with the driver.

Provide her with a copy of the repair quote from you LBS. Explain that you have taken legal advice and shown your photos to a solicitor ( white lie). Tell her that if they are not willing to settle you will open a case in the small claims court, where you will ask for costs and damages.

It may help reporting this to the police and getting an accident reference number which you can let them have. Once they see the police are involved they will back down.

The husband is trying to bluff you. Bluff him back.

Steve

All above ok, except for the “white lie”. Keep to the truth and you can’t go wrong.

 

[glenn forger]

Not true I'm afraid. The only obligation to report a collision to the police is if the driver of the car was unable to furnish details at the time.

Different if injury was caused, I see:

http://www.theaa.com/motoring_advice/legal-advice/at-the-accident.html

 

[Dan B]

Betty, this is only my opinion.

Text messaging is not the way to go about solving this problem. If I were the other party I would be thinking that I had you backing off because you were afraid to talk to me on the phone. If I were them I would totally ignore your SMS.

Trouble with voice calls is that - unless you are recording it - there's nothing to stop the other party from subsequently lying about what they said. SMS or written communication doesn't have that issue so much

I use this android app:
https://play.google.com/store/apps/details?id=com.skvalex.callrecorder&hl=en
but it's quite finicky about which phones it works on, so try it first to make sure it records both sides of the conversation before you rely on it for anything

 

[Sara_H]

Trouble with voice calls is that - unless you are recording it - there's nothing to stop the other party from subsequently lying about what they said. SMS or written communication doesn't have that issue so much

I use this android app:
https://play.google.com/store/apps/details?id=com.skvalex.callrecorder&hl=en
but it's quite finicky about which phones it works on, so try it first to make sure it records both sides of the conversation before you rely on it for anything

Interesting. We have a voice recorder on the landline, which we first bought when my insurance company had cocked up my cover (they'd cancelled it without telling me and didn't find out til I needed to claim) we started recording all the conversations because they were being slippery. It's come in handy a few times since, whem having conversations about legal and contractural stuff.I didn't realise you could get recorders for mobile phones.

 

[steveindenmark]

Dan,

This issue is not going to get sorted by texting.

The initial call would be so Betty could tell them what action she is going to take if they don't pay up. The other party could lie their sock off or say whatever they wanted, it would make no difference.

Once Betty has shown that she can't be messed about with, they may even just pay up. If they refuse she could go straight down the legal avenue.

This call does not need to be recorded. It would not be admissible in any type of court case I know of.

Steve

 

[steveindenmark]

I am not sure Betty has an address Adrian. Just a mobile number. But a detailed letter is a good option if she does have an address.

Steve

 

[jarlrmai]

You are on shaky ground with just a mobile number here, you have the plate which is good. but if they refuse to communicate you may only have the option of the police who may not co-operate.

 

[betty swollocks]

Once again: thank you for all the good advice.
I will ring them tomorrow.

 

[fabregas485]

'I am afraid it looks to be the drivers fault'

Sorry could not resist.

 

[400bhp]

Slightly OT but has the law changed? I thought it was illegal to record someone's phone conversation without making them aware that they are being recorded?

I thought it was not as strong as that, more you cannot use it as evidence (civil or criminal)?

 

[srw]

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

According to OfCom you as an individual can record the call for your own use without consent, but can't then make it available to a third party. I am not a lawyer, but I'd have thought that an insurance company, the police or a lawyer would count as a third party.

 

[cyberknight]

Not sure if someone has suggested this but is the OP a member of the CTC/BC and they have specialist legal advice and solicitors for this sort of thing?

 

[Sara_H]

Slightly OT but has the law changed? I thought it was illegal to record someone's phone conversation without making them aware that they are being recorded?

Most of the conversations I've recorded have been with companies who play you a message first warning you that the call is being recorded, so they're obviously already aware that it's being recorded. I had great pleasure once in replying to some really snotty woman who said something along the lines of "I must remind you I am recording this conversation" "Yes, so am I"!

 

[betty swollocks]

Oh BTW, they have given me their address, or a address.