3rd party to blame,can i save my ncd & excess

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Sun 27 Jan 2008 19:02
3rd party to blame,can i save my ncd & excess - kestrel

My Focus 02 was damaged on a supermarket car park whilst i was shopping.An independant witness coluldn't get the reg but he noted the company name on the side of the guilty partys van.I have traced the company.My question is can i pursue my claim without using my own insurance as i fear losing my no claims & excess.Because of the age of my car, my insurance company will not want me to use a Ford franchise repairer.The 3rd party should not be able to apply the same restriction as i see it.


I am a bit naive as iv'e never claimed before so if anybody has had a similar situation perhaps i can draw on your experience.

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Sun 27 Jan 2008 19:23
3rd party to blame,can i save my ncd & excess - Ruperts Trooper
If you've got legal expenses cover, contact them.
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Sun 27 Jan 2008 19:32
3rd party to blame,can i save my ncd & excess - thomp1983
your entitled to have your car repaired where you wish, be it a ford franchise if that's what you want. you are under no obligation to use there approved repairer although they usually try and force you too, just don't expect them to be to helpful if the work is below standard

chris
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Sun 27 Jan 2008 19:38
3rd party to blame,can i save my ncd & excess - retgwte
report it to the police

its criminal damage and you have a witness

the police would quickly establish the driver with a lead like this

and a good criminal prosecution would make your civil claim much easier

insurance co are not much good at looking after innocent drivers

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Sun 27 Jan 2008 20:03
3rd party to blame,can i save my ncd & excess - DavidHM
report it to the police

its criminal damage and you have a witness

the police would quickly establish the driver with a lead like this

and a good criminal prosecution would make your civil claim much easier

insurance co are not much good at looking after innocent drivers

It's not criminal damage unless the guilty party "wilfully" damaged or destroyed property belonging to the OP. If the damage is merely negligent, it's not criminal damage. It is an offence of failing to stop/report but, as with criminal damage, the only evidence you have is that one driver out of several possibilities failed to stop; I don't know if you can serve a s.172 notice on the owner of a vehicle in situations like that but without that there is no compulsion on the company owner to assist in identifying the driver - and no need for the driver's identity to be identified for a successful civil claim.

I agree that a successful prosecution would make a civil claim a racing certainty but there is still some prospect of success with a genuine independent witness - although the registration number would definitely add credibility. Certainly I agree with your last point about insurance companies not being much good at looking after innocent drivers although to be fair to them, you pay them to indemnify your losses and not to minimise them.
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