Hit by uninsured driver! Help!

leebo87

Hi,

I hope this is the right place to post.

On Saturday, whilst trying to find a parking space at our local supermarket, our car was purposefully hit by another driver. He turned into a junction he shouldn’t have, and then proceeded to barge past our car before we even had a chance to attempt to move out of the way. He scratched the front bump, mirror and back half of the car. Independent witnesses saw the whole thing, and I took their details.

After he got passed our car I parked and pursued the f*cker on foot - there are traffic lights just outside the car park, so new he’d have to wait there anyway. Caught up to him, took photos of his car. His passenger window was open (there was a young kid in the passenger seat if you can believe it). I asked him why he did what he did, why he didn’t stop. He had no sensible reply. I said I’ve got his license plate and his insurance company would be hearing about this and his reply “I haven’t got insurance so good luck with that you d*ck.” The lights turned green, and he drove off.

Called 101, gave them the details of the incident, the number plate, and witness details. Went to the local police station, filled,out them necessary forms etc. Found out then that he was indeed driving without insurance and in an un-MOT’d vehicle.

I have full comp insurance with Aviva. I’ve found out from them today that if I want the damage fixed through the insurance then I have to pay my excess (£250) and lose my no claims discount.

Does this seem correct? I can’t get my head around how someone can be on the road illegally, purposefully cause damage and without any provocation and yet it is the victim of the crime that gets screwed over. The damage isn’t major - the car is still drivable, but the damage is significant, it’s not just one little scratch. What do you think my next steps should be? Can I pursue this guy for damages in any way?

Any advice please would be most welcome.

Quentin

You can consider pursuing the driver but is there any likelihood he has funds to pay you??

lisyloo

If you can wait for repairs then you could try a claim against the MIB instead of using your own insurance (make sure you tell your own insurer to cancel the claim).

https://www.mib.org.uk/making-a-claim/claiming-against-an-uninsured-driver/

You will need to declare this accident when renewing your insurance.
You might wish to consider a company that covers your excess and doesn’t reduce your NCB in future such as direct line.

leebo87

I suspect not, but it’s more the principle of the matter. He deserves to face some kind of justice...

leebo87

Lisyloo - thank you I’ll look into that.

DCFC79

I hope you get this sorted, he should be banned for driving for 10 years.

Quentin

leebo87 wrote: »

I suspect not, but it’s more the principle of the matter. He deserves to face some kind of justice...

He will be if the police do their job properly!

But were you to go for a court judgement against him bear in mind that unless he has funds to pay then you will be throwing good money after bad.

You would have to pay all the court fees, as well as maybe lose time off work etc


Only if you win AND you can get the money off him would you be reimbursed

lisyloo

leebo87 wrote: »

I suspect not, but it’s more the principle of the matter. He deserves to face some kind of justice...

Totally agree.
There are 2 separate issues.
One is the criminal aspects which are up to the police. As you have photos, witnesses, number plate then that will help a lot.

The damages side is a civil matter and separate to the police.
I think it’s fair to surmise that he isn’t going to be cooperative even if you won in court, so if you win you face paying for enforcement e.g. balliffs and then he might have nothing or dissapear.

Totally get your frustration but I’d leave it to the police to deal with.

D_M_E

While the Police can chase him for driving uninsured and with no MOT on a public road, your problem's solution hinges on the fact that you were clobbered whilst driving, most likely, on private land - the supermarket carpark which would most likely be considered private.

Quentin

D_M_E wrote: »

While the Police can chase him for driving uninsured and with no MOT on a public road, your problem's solution hinges on the fact that you were clobbered whilst driving, most likely, on private land - the supermarket carpark which would most likely be considered private.

No it won't!

leebo87

Thanks all for your replies - it was such a ludicrous thing to have happen completely out of the blue, and now the system (at least for reimbursement for damages) really seems rigged in favour of the criminal. I suspect you are right, it will a long, drawn out affair with a lot of time and money at stake. Time and money that I don’t really have sadly.