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UK/Scottish/Welsh Law/Vehicle Damage Claim Legal Case.


Dear Bruce

Case Study

A Car Vehicle ABC dashes at another Car Vehicle DEF by mistake.
Damage has happened to Vehicle DEF but no damage has happened to Car Vehicle ABC. Owner of Vehicle DEF Claims money for the Vehicle Damage from Car Vehicle ABC Owner.

Now Suppose Car Vehicle ABC Owner Refuses to pay the Claim money amount to Car Vehicle DEF Owner, then in this case Can Car Vehicle
DEF Owner can file a Legal Case against Car Vehicle Owner ABC and send a Legal Notice to appear in the session court ?.

What will be the Legal Case Type i.e. Criminal or Civil Case ?.

Awaiting your reply,

Thanks & Regards,
Prashant S Akerkar

Sorry, Prashant - no e-mail received re original submission of question, which has only just been found.

Vehicle accidents (in the UK) would normally be dealt with by the respective insurance companies, especially where there is no injury (and no other, related crimes/offences, eg drink driving etc). Criminal (including road traffic) matters in Scotland require corroboration, but this would only apply to matters dealt with by the police.

Under UK road traffic legislation, there is a presumption that any driver should be able to stop/avoid hitting any object which appears/stops in his/her path. An example of an exception to this would be a junction accident, where a vehicle emerges from a side road onto a main road in circumstances where it should not (did not stop/give way, did not take due heed of traffic on main road) and is struck by a vehicle on the main road, the driver of which would not, then, be considered to be at fault.

Presuming that:
- there is no injury;
- the matter was not reported to/dealt with by the police;
it could either be dealt with solely through and by the drivers' respective insurance companies or simply by the drivers themselves alone (albeit their insurance policies may well require reporting of the circumstances to the insurance companies in any case).
Even if reported to and dealt with by the police, any consequent disagreement regarding damage/compensation would be a civil adjunct to any criminal proceedings.

In either case, if responsibility/liability is denied by the driver of ABC, the driver of DEF could take legal action. This would be a civil, not a criminal, matter and you seek the advice of a solicitor.

UK/Scottish/Welsh Law

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Bruce Fyfe


Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a retired, operational Police Officer with 30 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge. NB Scottish, not English; criminal, not civil or immigration!


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Master of Arts degree; Police Basic and Advanced Police examinations.

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