Car accident small claim in county court

[tali1]

Friend had a non fault minor car accident he is TPFT and has legal protection.His legal protection will strictly only repair the car and claim off the fault driver insurance , however he wants cash in lieu of repairs -this will mean making a small claim in county court.
1)How much time should he give in writing requesting payment for repairs before issuing court proceedings?
2)Does he have to disclose that he refused repairs from his own legal protection , (or can the fault insurers find this out regardless?)
3) Will the fact that he refused repairs from his own legal protection affect his claim?

[teeboy]

I smell a rat here. Why the cash in lieu of repairs?

[bednobs]

I very much doubt he has got a chance with the facts you are describing

[tali1]

No rats here - car is low value- and repair cost is high - and with credit crunch , cash is far better for him

[Ethel]

The insurers will know he has refused the repair and that will affect his claim.
The purpose of compensation is to put a person back to the position they were before the incident, as far as is possible and reasonable. Repairing the car meets that criteria.
Don't forget he won't be suing the other driver, he will be suing the other driver's insurance company. They have far more money and experience than your friend to defend the action effectively.