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Council Van hit my car

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  • 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.

    Justify it to who exactly? The council have the option of involving their insurance from the start which would keep the claim costs down, and by the sounds of it have chosen not to go this route.

    Given the choice of using my own insurance or a claims company, I'd use a claims company, means I don't have to mess around with excess payments, or your NCB isn't halted until the case is resolved.
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    welfayre wrote: »
    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.
    That is just not true if they left their reg no.
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    Has the witness agreed to give a statement?
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The council driver broke the law by failing to provide details, he drove away and left some other concerned citizen to leave the note. No doubt a disciplinary offence in its own right, but loads of public service drivers go by the mantra, if no-one saw it, it didn't happen.
  • RuthnJasper
    RuthnJasper Posts: 4,032 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    The council driver could well be getting his marching orders if it's prove that he left the scene of an accident in his works van. I agree with Confusedandneedhelp - get onto HR and/or the relevant council department.
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    The council driver could well be getting his marching orders if it's prove that he left the scene of an accident in his works van. I agree with Confusedandneedhelp - get onto HR and/or the relevant council department.
    Again - only if there is evidence. Which seems a little thin on the ground.
    Currently it is one person who would not even give his name and appears to be saying he did not actually see the impact.
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Bantex, do you work for the IPCC? From the OP:
    "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'."
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    edited 17 July 2014 at 1:25PM
    colino wrote: »
    Bantex, do you work for the IPCC? From the OP:
    "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'."
    He also appears to have said that the van was in the wrong place and he was baffled as to how the impact could have happened. (this would seem to say he did not see the accident)

    Unless this witness is prepared to give a statement, there is very little in the way of proof.
  • DirectDebacle
    DirectDebacle Posts: 2,045 Forumite
    The law is quite clear on what must be done in the event of a damage only collision.

    2)The driver of the [mechanically
    propelled vehicle] must stop and, if required to do so by any person having
    reasonable grounds for so requiring, give his name and address and also the name
    and address of the owner and the identification marks of the vehicle.


    (3)If for any reason the driver of the [mechanically
    propelled vehicle] does not give his name and address under subsection (2)
    above, he must report the accident.

    The driver of the van has failed to comply with the law.

    The OP needs to ensure that full details including details of witnesses are reported to the police.

    The OP can request driver and insurance details from the council. OP may be able to obtain insurance details from MIB should council fail to comply.

    OP can pursue council for cost of repairs. Council can cough up, pass it to insurers or fight it through the county court. No need for OP to go through his own insurers if he does not want to.
  • Hi everyone thanks for your help. To confirm the parking inspector was happy to give a statement, so much so that he said at the time it was not my fault and he was shocked how the council van managed to do it. I spoke to the police about it all and explained that i only obtained the reg plate from the witness (the parking warden) and the council driver had to be forced somewhat to give his details. They said as he left his reg plate thats 'enough information' and therefore they will only prosecute/investigate if the council van driver denies the claim, as they can then speak to the witness. They did give me a crime reference number for the incident but I'm yet to speak to my insurance about it all. can anyone help me with a draft letter as ideally I want to get the repair done privately and reclaim the cost?
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