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Car damaged in accident, but driver denies involvement - what can I do?
A van hit my car while stationary recently. An independent witness saw the incident and gave me the van's licence plate. The van's telematics show that it was on the street on which my car was parked at the time of the incident.
The driver is denying involvement and the insurance company is rejecting a claim because the witness described the vehicle as a van and the driver as male, but he did not get the van model and his estimate of the driver's age was out.
The amount involved is under my insurance excess but still substantial enough to pursue. What is my best course of action? If I pursue a case in small claims, is that against the driver and can I force his insurance company to give me his details if so?
The driver is denying involvement and the insurance company is rejecting a claim because the witness described the vehicle as a van and the driver as male, but he did not get the van model and his estimate of the driver's age was out.
The amount involved is under my insurance excess but still substantial enough to pursue. What is my best course of action? If I pursue a case in small claims, is that against the driver and can I force his insurance company to give me his details if so?
Asked on 18 December 2014 by bruced
Answered by
Honest John
You sue the van driver using the small claims track of the county court. You have sufficient evidence to succeed. The fact that the witness did not know the make and model of van and incorrectly guessed the driver's age is irrelevant. Inform the other party's insurer that it if does not meet your claim in full you will carry out this course of action and also demand a 'reasonable' amount for your expenses. You may need a court order to force the driver's insurer to give you his name and address.
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