I was recently sat stationary at a junction when a third party drove into the back of me because he was waving at another driver in a vehicle in the next lane. The third party produced an ID in the form of a provisional license. I asked him to ring his insurance company, who verified that the vehicle was insured. I ended taking a picture of him, his car, the driving license and also a debit card that he had. He rung me within an hour and offered to pay for the damage with cash, but my intention was to inform my insurance and get some guidance. I ended up calling at my local body shop the following morning who gave me a number for a solicitor. After initial searches from the solicitor, they had concerns that he hadn't passed his driving test and was driving on learner insurance. This meant that they could not assist. I informed my insurance who then took over to make yet more enquires. It took four weeks to receive a response from his insurance. He is insured with a company called Collingwood, who are specialists in learner insurance. They have advised my insurance that they are not willing to cover the accident because he has breached the terms of his insurance. He hasn't passed his driving test and was driving unaccompanied at the time of the accident. The company have admitted liability for my personal injury and are willing to cover costs such as my policy excess and hire car rental, but they've essentially just opted out of paying out for the extra £750 damage to my vehicle after the excess is paid. I've been told by my insurance that they cannot do anything about the problem. Do Collingwoods have a legal responsibility to cover my losses? The police say they don't have the resources to investigate. The ombudsmen have said that they cannot act against an insurance company that I don't hold a contract with. I've applied to MIB who, by the looks of it, wont act unless I claim on my own insurance because I haven't incurred a financial loss until I do. I'm apprehensive about doing this because I don't want my premiums to rise because it will class as a fault claim. As a last resort, would applying to take the third party or the insurance company to Small Claims Court be advisable?