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A drunk driver wrote off my parked car but hasn't reported to his insurer - how do I claim for my losses?

My parked car was crashed into by a drink driver at night, I was at home sleeping. The police arrested him for drink driving and criminal damage and arranged the recovery. My insurance (Tesco) is third party, so they referred me to his insurance company (NFU Mutual). The accident happened on 13 October 2017, since then I have been ringing NFU Mutual trying to inform them of the accident. Each time I get a reply that the driver has not reported the accident yet and I'm not their customer, so they are not dealing with me. They refer me to my insurance company and my insurance company refers me to the third party, so it's like an endless circle. Meanwhile, I had to buy another car because I needed a car for work. My crashed car will be a write off, but I still would like to get some compensation for it. So far, no one has assessed it and the recovery charges are escalating. I worry that the recovery company will eventually make me pay for it because the drink driver's insurance is not dealing with it. What should I do about the recovery charges? Should I pay them now and claim it back later via a solicitor? I understand that the insurance company is on the side of their customer, and if he does not report the accident, then they will not have to pay the third party. But if the drink driver never reports the accident - does it mean that he will get away with the drink driving and the damage, and will be able to get insured again? Who could the inform the insurance company about their drink driving customer if they don't take reports from the third parties? The police already said they do not inform the insurance companies.

Asked on 23 October 2017 by Tatyana Reed

Answered by Tim Kelly
The first thing to do is contact an accident management company, or a solicitor. If you have legal assistance with your insurance policy, do it through that. Alternatively, recontact NFU and ask to speak to their third party liability section. Do not speak to claims or you will continue in circles. It does not matter that he was drunk, or not reported. His insurer in this situation is liable under the Road Traffic Act 1988. Make them aware of the increasing charges. If he was caught drink driving, his insurer will not pay out on the damage to his vehicle, but will on yours. The insurer will not be on his side. He will be banned if found guilty and will struggle to get insured in the future. It's up to you and him to report to the insurer. Insurance companies do take reports from third parties. Your best way forward is a Solicitor or Accident Management company.
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