i treated myt self 2 a new car that was left on my drive.my babysitter took it 4 a joy ride.and smashed it up.its cost me £4230.to fix it the cops told me ive got 2 take it 2 civil court.do i have 2 pay 4 it and how do i go about sorting it out pls help
2007-09-20 01:13:57 · 9 answers · asked by cherrieuk 1 in Cars & Transportation ➔ Insurance & Registration
I'm not sure where you live. Here in the USA if that happens it's called "Theft." If in fact, your babysitter took it without your permission.
You should have contacted your insurance company immediately and at the last filed a police report.
First I would document everything and then file it in the small claims court.
2007-09-20 01:19:13 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Let me guess. You're moderately young and have third party only (or no) insurance? If you can't afford to walk away from £4230, then you should have insured against it by having FC cover. Hindsight is a wonderful thing.
Does your baby sitter have £4230 to pay you if you were to win the case, if not then court is a waste of your time and money. Irksome, but true. As you're after less than £5000, you could apply do the small claims court (yes you do have to pay up front) - BUT I think it's unlikely they'll take it on as they only do simple cases and don't like to touch ones involving alleged criminal activity.
Have the police told you why they're not prosecuting the babysitter for TWOC, I feel we're not getting the whole story here.
Me? I'd be biding my time, then breaking the toerag's legs when it's all died down.
2007-09-20 02:02:43 · answer #2 · answered by Steve C 5 · 0⤊ 0⤋
1. Will the joy rider be able to pay off any judgment?
2. Will your babtsitter be able to pay off any judgment?
You may well have a case against both and you can sue them both in the same action
If the answer is no to both of these you are wasting your time in a civil action. Your babysitter is also guilty of a crominal offence for taking without consent.
If you want to persist the County Court Offioce will tell you the procedure at each stage ( they can not advise you how to present your case except in very general terms) however they do have a booklet which is very helpful.The service of the Court is not free and there will be a charge to start the case and for almost every action after that, these are recoverable if you suceed in gaining judgment (that is the easy bit) and actually getting them to pay (that is the hard bit)
Claim interest at the judgment rate whatever that is and look up County Court rules in respect of cost I think you can claim about 2 thirds of the costs a solicitor would have your figures ready if it goes to a hearing and quote the relevent sevction of the rules for your costs.
Above all think carefully before you start 'cos if you lose you could be liable for their costs
2007-09-20 11:00:37 · answer #3 · answered by Scouse 7 · 0⤊ 0⤋
There's two things here.
Presuming you're in the UK that's an offence of TWOC, or taking without owners consent. The police should be charging the babysitter. If not, ask why.
The second thing is the damage; did you not have insurance? If not, you will indeed have to take babysitter to court to recover your monies - have a word with a solicitor, most will give the initial interview free at least.
2007-09-20 02:06:57 · answer #4 · answered by champer 7 · 0⤊ 0⤋
the first question to ask can whoever you take to court afford to pay, if not then you will just be throwing good money away in doing what you ask. as someone as pointed out you should be able to claim of your insurance, this will go down one your insurance as a no fault claimeand you will lose one yeras NCB this will be a lot cheaper than paying for the damage yourself and then it is up to the insurance company to claim of the joyrider, if the calime they make is successful and they recover the money then your NCB will not be affected at all. the final conclusion is let the insurance take care of it all.
finally do you realise you can make a claim of the motor insurers bureau this is a fund that all insurance companies pay into to cover uninsured accidents they may be able to assist you, you dont have to suffer personal injury to claim from them, a lot of ppl think they only cover personal injuries this is not the case
2007-09-20 01:31:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If it was indeed a new car, you probably have full coverage insurance on it that will cover the costs of fixing it (less your deductible of course). Your insurance company will be going after the person who took it without permission to get their money back, and while they are at it they will attempt to get yours also.
Unless of course you gave the baby sitter permission to take and drive it, they would still fix it using your collision coverage, but they wouldn't even try to get your deductible back.
2007-09-20 01:39:37 · answer #6 · answered by oklatom 7 · 0⤊ 0⤋
Get a no win no fee lawyer and sue the backside of your baby sitter. Insist that the police charge her. Check your household insurance as quite often you get free legal advice (not many people know that)
2007-09-20 01:26:36 · answer #7 · answered by Bacon Double Cheese Burger 3 · 0⤊ 0⤋
same thing happened to my brother in the uk , he took the joyrider to a civil court but basically got nothing , the joyrider didnt work
2007-09-20 02:05:12 · answer #8 · answered by suz 2 · 0⤊ 0⤋
if they didnt hav your permision its called TWOC (taken without owners consent) it is a crime and the police should press charges, consult a solicitor, I believe you can see one fo free at the Citizens Advice, find your localk branch here
http://www.citizensadvice.org.uk/
2007-09-20 01:23:03 · answer #9 · answered by Anonymous · 0⤊ 0⤋