A driver damaged my garden wall - but their insurer says I need to claim via my own insurance?

My garden wall was hit by a driver at 4am on a Saturday morning. He was involved in a crash with another vehicle and both drivers fled the scene. One driver was arrested (not the driver who hit my wall). The driver who's car hit my wall contacted the police two days later and admitted being involved.

The police gave me his insurance details and were confident I should have no issue claiming. I contacted the driver's insurance company via email and phone to say I wanted to claim as a third party for my garden wall - they said I needed to claim via my insurance.

I knew this would be a fault claim and potentially means an excess and rise of premiums. I wasn't happy with this so I sent a recorded delivery letter to the driver who hadn't been in contact despite only living half a mile away. In the letter I informed him that I would be pursuing repair via third party claim. He got in contact to say he would contact his insurance company. His insurers rang me to say they would be pursuing their losses from the other driver in the accident as their insured driver was blaming him for the crash. They are waiting for a police report but are not taking any risk as all fault is being aimed at the other driver. They told me to claim from the other driver not their insured via my insurance.

I was not happy as this would still mean a cost to me.

Where do I stand legally. I was of the understanding that I would claim from the driver who hit my wall. Any loss would stood by his insurers then potentially pursued after I had been settled.

Asked on 19 December 2018 by Anotny Clark

Answered by Tim Kelly
If you do claim, claim via your house, not your motor, insurance. The way you are currently claiming is the best way. What I would do is pay for the wall to be repaired, then claim via claims online with the invoice as substantiation.
Never deal with an "at fault" insurer directly if possible as it's always a conflict of interest. They are liable under the road traffic act for the loss you have sustained irrespective of what they say. If they insure the vehicle that hit your wall, they are liable. Simple as that.

If you do not have the funds to pay for the wall yourself, use a claims management company.
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