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Posted by: Pogo116 Sun, 15 Sep 2019 - 09:06
Post #1515362

Looking for some legal advice please - Scottish Law

This morning just after 0100 I dropped off 4 customers in my taxi. The two males had been drinking but were fully aware of their faculties. After I received payment one of the male passengers has in my opinion intentionally damaged my front wing by falling back and hitting my driver’s front wing causing damage. This has all been caught on my dash cam. Female passenger has said that they will pay for damages etc again all caught on dash cam. As I phone police it all kicks off with both male passengers wanting to fight with myself. Police arrive minutes later. Both males are arrested for S38 CJCS 2010. One of the Officer’s takes my statement but advises we will get a fully statement later. However no mention of Criminal Damage just the S38 on the Victim Care Card. I did overhear one of the Officers saying “Drop the Damage charge and proceed with S38 only”.

Looking for legal advice re best way forward with this claim. Will get a quote re repairs tomorrow and update.

Thanks in advance.

Posted by: Mat_Shamus Sun, 15 Sep 2019 - 10:20
Post #1515370

To progress with this you will need the name and address of the person who damaged your car so you can either forward it to your insurance company where they will attempt to claim the money back from him, or you can try and sue them via small claims court for negligence.

But i wouldn't expect any of this to be easy

Posted by: Pogo116 Sun, 15 Sep 2019 - 10:35
Post #1515378

Cheers for advice.

I’ve got address of the person who did the damage and he got arrested at the scene of the incident - so don’t think it would be too difficult to get name. Wife has offered to pay for damage. Just looking at all options available Re this. Just don’t want to be left out of pocket.

Posted by: roythebus Sun, 15 Sep 2019 - 10:38
Post #1515379

There's a group called Taxi Driver On Line that may offer some help for you. It's a free forum much ike this and has a number of Scottish contributors.

Posted by: Pogo116 Sun, 15 Sep 2019 - 11:01
Post #1515387

Cheers for that. I’ll try them too

Posted by: nigelbb Sun, 15 Sep 2019 - 11:24
Post #1515393

Isn't that what insurance is for?

From your description of the guy falling over it sounds like a hard case to prove criminal damage. It's not like he deliberately pulled off the wing mirror.

Posted by: Mat_Shamus Sun, 15 Sep 2019 - 14:11
Post #1515421

If you get his name and he refuses to pay you still may have an uphill struggle.
Even if you took it to small claims court and got bailiffs he might not pay.

You're contractually bound to notify your insurance company if you have been involved in any claims or accidents the last 5 years so there's a fair chance you'll be out of pocket with increased premiums as most insurance companies will load a premium for a non fault accident. Not all though.

Posted by: cp8759 Sun, 15 Sep 2019 - 20:31
Post #1515509

There are many enforcement options other than enforcement agents though.

Posted by: Pogo116 Tue, 17 Sep 2019 - 17:02
Post #1516004

Matter closed. Paid in Full for damages. That’s Glasgow people for you.

Posted by: DancingDad Tue, 17 Sep 2019 - 17:08
Post #1516008

Nice result.