I dont know if the small claims system where you are runs the same as
ours but in my experience it seems to be almost standard practice for
insurance companies to immediately issue a counter claim in any accident
where there are no independent witnesses. I can only assume that this is
on the basis that most people will just give up the claim rather,
especially if the damage is not too expensive, than go through the hassle
of going to court. The insurance company has NOTHING to lose by
countering your claim and everything to gain if they think they can deter
you from pursuing YOUR RIGHTS. Such cynacism so early in the year!
I have found that most insurance companies will settle the claim, out of
court, usually the day before they are due to go to court.
My advice to you is to take photographs of everything you can, including
the other car, if you can find it. You can tell the DDs insurance
company that you have photographic evidence which you will be producing
in court and will be adding the cost of the photography to your claim, ie
film processing and YOUR TIME, at a nominal hourly rate at which yo would
value your leisure time. Or if you took the photos during your normal
working day you can charge your time at your hourly rate of pay. This
should also apply to any time you have to take off work to have repairs
carried out.
The secret seems to be to know your rights and claim them, let the
insurance company know you are NOT going to roll over and give in, that
you intend to cxarry this through.
You may be able to get free legal advice through a Union, if you are a
member. This is quite popular in the UK, you just ring a legal helpline,
quote your Union number and voila - free legal advice - worth its weight
in gold!
Good luck and don't give in!
Dudley Simons
Dept Of Earth Sciences
University of Cambridge
England
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