Council Van hit my car

curtainsplitter

Hi everybody I joined the forums as recently I was parked in a local council car park. This car park operates that you get 2 hours free with a ticket. I got a ticket and went to the bank with my son. When we returned 10 minutes later there was a parking inspector near our car. As I had a ticket i was baffled as to why he was there, when I got to the boot I saw that my car had a dint near the rear bumper and rear door and also a huge scratch and the rear headlight had been damaged/smashed slightly. The parking warden told me that he saw the entire incident and the council van had drove off in a rush, but he had got the reg plate and put a note on the window as he wasn't sure if he could stay around much longer and he had asked the driver too but the driver said 'well you've left a note so thats all I have to do..just tell the owner to ring the council'. When I asked him how this happened when the council van had been parked to the side of me (not infront) he said 'I was baffled too' . I asked him for his name and address but he said he is not allowed to give that out as a enforcement officer, but he can give his badge number and in his 'notebook' he has made a note of the incident, which the council can check.
I rang the council and they state I have to go through my insurance, but this means I will incur a excess and although I have no claims protected it raises my insurance. I also as I had the reg plate thought maybe the police could help but they said before they investigate they want my MOT certificate, VOSN details, Proof of ownership of the car, Road Tax Proof and Car Insurance Proof and I have to go through the Insurance. I just wondered, is there any legal council laws against this? Shouldn't if a council driver hit you he leave you his details such as name and etc and driving licence number? If anybody can help it would be good, in this instance its gedling council/nottingham council who are the owners of the van that hit me and connected to the driver.

nobbysn*ts

The driver has to report the accident, Follow it up with the police and they should prosecute him.

welfayre

Technically speaking the driver has left the scene of an accident which is a criminal offense so the police should help you. You'll still have to go through your insurance unless you can somehow get the driver at fault to pay for the repairs himself.

forgotmyname

As abiove report it to the police within 24 hours of the incident. The driver may get fined for failing to stop.

I reported a similar incident many years ago. But the policeman at the desk said i had commited an offence by not reporting it within 24 hours. How can i report it before i knew it had happened?
It was only because the builders next door told me that i knew about it.

I dont think he wanted to do the paperwork but i insisted.

The driver got 6 points and a fine. After the case the police supplied all his details and it seems like he failed to notify his insurance about the fine and points also.

arcon5

The council are wrong, you are not obliged to go through your insurer. Merely notify them for information purposes. Although if you did go through them they'd try recover the excess for you as well - although it's rarely worth the hassle of doing it this way. Based on the councils logic, anybody that is TPF&T wouldn't have rights to a repair since under such a policy the insurer wouldn't help anyway.

Get back on the phone to them and be very firm

InsideInsurance

The police are rarely interested in these things, they will write to the driver/ council who will confirm their details and say that they did stop and as a note was left the obligations were fulfilled, you will then get confirmation of their details which you appear to already have.

A woman hit our stationary car, though she claimed we were both moving, and we exchanged details. I put hers into my phone but she didnt have a pen or phone so said she'd remember them. I then got a letter from the police saying I'd failed to stop. I replied, gave my version of events and never heard anything more about it.

As above, you are not legally required to go via your insurance but you may find it much quicker to do so. Alternatively you could approach an accident management company and get them to deal with it for you but be prepared to later have to justify why it was necessary to pay their inflated credit prices rather than paying it privately and reclaiming it.

Confusedandneedhelp

OP you spoke to someone with an opinion. I suggest you as for the HR department next time. And the police are being ridiculous, you don't need to prove anything to report an incident ( and they can check all that anyway) again not sure you spoke to an 'officer/constable'

usignuolo

My previous car was hit in a similar incident. In fact I understand the law says if you hit a stationary car (a) you have to report it and (b) owner has to be put back in same position vis a vis the car, as before the accident.

Insurance company of the other driver did not want to know. In fact he worked for water board and when I contacted water board HR they started to sort things out.

Council are just trying to push it off as they do not want to be bothered. But you have a witness and you can ask the police for a crime number. Then you go back to the council with that......

curtainsplitter

Hi guys. Spoke to the police and they said its definetely a council vehicle and theyre going to speak to the driver involved (council man) and they've given the council my details. The council says they would ring me but they haven't (that was monday) and the council said they wont deal with any claims unless it's 'insurance to insurance' to the Police and the Police keep saying i have to go through insurance and they'll only investigate if the council deny it happened.
I have taken photographic evidence of my vehicle at the scene and where he was parked (i did this at the time) and also seperate images of the damage.
Can anyone help me with a draft letter of what I should say as I have never been in this situation in my life? If so I can upload photos of the accident and exactly where the other vehicle was etc to help. Personally myself I would like to avoid going through my insurance but i do have motor legal cover and no claims protected..but my insurance AXA count even vandalism to your vehicle as a claim, its pathetic .
My worry with informing the insurance is as i outlined above, I don't see why I should have to put in a claim for a incident where the driver couldn't even be bothered to leave his details. Number two the insurance will sure cover my vehicle costs and the repair/s but will charge me an excess and number three they won't cover the additional premium cost and I have no idea if they'll refund me the excess. Finally my main worry is my car is 10 years old it's a 03 reg so I'm worried that the insurance could turn around and say it's beyond economic repair and write it off and only give me £300.

atrixblue.-MFR-.

Its the councils policy not any law or legislation that says it has to be dealt with through insurer to insurer, this is because of people getting private quotes that are inflated, councils now go through insurance with everything. But sounds like a write off 10 year old cars never get repaired but cat D or C these days.

colino

I'm not really sure why both the Council and Police have been obstructing you so far, you are the innocent party. It shouldn't matter to the Police what their view is of what you need to do, you are in effect the victim of a hit and run driver. Equally the council (who may or may not self insure and pretend their claims department is a third party) can't dictate conditions to you how they return your car to pre-accident condition.
Speak to your local councillor, then the local press. Few other things get these monoliths moving.