I had an accident. I am not insured or I will not claim. The other party’s insurance is asking me in written to pay the damage to their insured and have provided me with the repairs. What can I do if I disagree with them or if the amount is excessive?

One option you may want to look into is to approach your local independent mechanic and provide them with a copy of the repair invoice from the other party’s insurance company, any photos of the damage and any other evidence such as witness statements of what happened. Ask the mechanic whether they would be prepared to provide you with a written statement/opinion about whether the items that have been repaired or the amount claimed is excessive based on the nature of the accident. Provided you are able to obtain such a statement, this option is preferable to you simply arguing that in your personal opinion the repairs or amount claimed are excessive.

Once you have determined an amount that you are prepared to pay for, it is best to write back to the other party’s insurance company to make a settlement offer and continue the negotiations from there.

Any settlement offer that you make should be in writing. It should also have the words ‘without prejudice’ at the top of the letter and somewhere in the body of the letter you should use the words ‘in full and final settlement of this matter’.

Tags: disagree, dispute

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