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Car park damage - Use insurance or small claims court?

My wife was used a council-owned car park recently. On returning to her car, she was alerted by a passer-by that it had just been scraped by another car, which was just leaving the car park. She chased after him, brought him back at which point he first denied the incident, then told her it was her fault because she wasn't parked correctly, then tried saying it must have been damaged already, then saying it would polish out.

Fortunately a parking inspector came along and confirmed my wife's parking was fine, then took some pictures of the scene including matching paint residues on the front of the others car. Unfortunately, the passer-by had disappeared, so we don't have a witness statement.

What is our next step? Am assuming that, as not on the highway, it'll be a civil matter. Plan to write, recorded delivery, then if no response to follow through a small claims court, but am aware that such processes may not result in actual recovery of the money.

Asked on 7 April 2016 by Jonno13

Answered by Honest John
The surest way is insurance, but then it will go to a bodyshop rather than a Smart repairer, the work will probably be £1500 and you'll have a no fault claim on your record increasing next year's premium. If the guy is local you could go round there and face him down, pointing out that if he doesn't spring for the Smart repair it will go through insurance and his subsequent increases in premium will add up to more than the cost of the Smart repair.
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