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Hit & Run my parked car. One independent witness. Best way to deal.

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  • bigjl
    bigjl Posts: 6,457 Forumite
    AdrianC wrote: »
    There's three choices.

    1. Get the other car's insurer from AskMID, and claim direct off them.
    2. Claim off your own insurer.
    3. Pay to fix it yourself.

    1 runs a very strong risk of the policyholder denying all knowledge, and the insurer refusing to pay out.
    2 runs a very strong risk of the other policyholder denying all knowledge, their insurer refusing to pay out, leading to your insurer taking the hit, costing you your excess and NCB.

    Why do the first two have a risk of the other policyholder denying all knowledge?

    There is an independant witness and pictures of the damaged vehicles which shows matching damage.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    bigjl wrote: »
    Why do the first two have a risk of the other policyholder denying all knowledge?

    There is an independant witness and pictures of the damaged vehicles which shows matching damage.
    Even if you can prove that the damage is related - which is going to be very difficult - then you still haven't proved who was driving. It may have been somebody else under their own DOC cover, in which case the policyholder's own insurer are not liable.
  • bigjl
    bigjl Posts: 6,457 Forumite
    AdrianC wrote: »
    Problem 1 - prove who it was.
    Problem 2 - prove they were aware of the collision.

    Witness statements and physical evidence and pictures of the damage.

    How do you think most people guilty of criminal acts are brought to justice.

    Do you think the Police witness everything.

    People claim successfully like this all the time.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    bigjl wrote: »
    Witness statements and physical evidence and pictures of the damage.

    How do you think most people guilty of criminal acts are brought to justice.

    Do you think the Police witness everything.

    People claim successfully like this all the time.

    A case like this will NEVER come to court. Unless and until it does, it's all down to the two insurers coming to an agreement between themselves.
  • TonyMMM
    TonyMMM Posts: 3,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You are legally required to report the accident to the police ( no details have been exchanged) - the police can (should) then issue the registered keeper of the other vehicle with a s172 RTA requirement to name the driver at the time.

    They have potentially committed a number of offences ( careless driving, failing to stop & possibly failing to report)..... the key question would be whether they were aware that they had collided with your vehicle and caused damage.

    Two independent witnesses is plenty to take case to court - but that doesn't mean a prosecution would follow - although it could.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    edited 27 March 2016 at 12:19PM
    AdrianC wrote: »
    Problem 1 - prove who it was.
    Problem 2 - prove they were aware of the collision.

    Police will usually serve a S172 for drive off RTC, they either send it back or the registered keeper gets 6 points and a fine at court.

    Also if the car has insurance held upon it then for a third party claim the driver is not required, the claim will be against the third party element of the policy.

    With two witnesses there wont be much to argue about.

    The OP needs to do the MID check and claim against the keeper of the car involved and not his own insurance or they will out of pocket for years.
    The keeper will have to pass to their insurer or pay privately.

    First call the police for a make off report and crime reference number and usually a S172 served on the other Keeper.
    I do Contracts, all day every day.
  • dimension7
    dimension7 Posts: 44 Forumite
    edited 27 March 2016 at 12:42PM
    Since I am not a first hand witness to the collision my only source of information is the actual witness and the subsequent pictures I have of both cars.

    The insurance excess I have to pay is significant and I do not have legal cover so they are not going to help me claim the excess back. I do not know the drivers identity, but the witness has seen them and described them to me. MID states they are insured with Hastings direct.

    I visited the police today and they did not sound very helpful. They said even if they interview the witness I won't have any access to the statement for small claims or insurance purposes?? They have given me a detailed 8-page form to fill and return.

    If I call the other party insurer as you suggest, why will they entertain me unless they driver admits liability. Looking at how conscientious the fellow was, the only way to corner them is using my witness.
  • Police will usually serve a S172 for drive off RTC, they either send it back or the registered keeper gets 6 points and a fine at court.

    Also if the car has insurance held upon it then for a third party claim the driver is not required, the claim will be against the third party element of the policy.

    With two witnesses there wont be much to argue about.

    The OP needs to do the MID check and claim against the keeper of the car involved and not his own insurance or they will out of pocket for years.
    The keeper will have to pass to their insurer or pay privately.

    First call the police for a make off report and crime reference number and usually a S172 served on the other Keeper.

    You need to attend in person to report a collision and for fail to stop there won't be a crime number.
  • dimension7 wrote: »
    Since I am not a first hand witness to the collision my only source of information is the actual witness and the subsequent pictures I have of both cars.

    The insurance excess I have to pay is significant and I do not have legal cover so they are not going to help me claim the excess back. I do not know the drivers identity, but the witness has seen them and described them to me. MID claims they are insured with Hastings direct.

    I visited the police today and they did not sound very helpful. They said even if they interview the witness I won't have any access to the statement for small claims or insurance purposes?? They have given me a detailed 8-page form to fill and return.

    If I call the other party insurer as you suggest, why will they entertain me unless they driver admits liability. Looking at how conscientious the fellow was, the only way to corner them is using my witness.

    Your insurance company can buy copies of the report and statements.
  • bigjl wrote: »
    And you will also have a Crime Number.

    So as Neil points out you have nothing to lose only something to gain.

    And I was always under the impression it was illegal to drive away from the scene of an accident.

    You only get a crime number for a recordable crime. There hasn't been one committed.
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