Drink driver damage- how do I get my garden back?

J0N4H848Y

A DRUNK DRIVER DROVE INTO OUR FRONT GARDEN, DESTROYING OUR FENCE AND RETAINING WALL. I APPREHENDED THE DRIVER SO HE WAS ARRESTED AND WILL BE PROSECUTED. THE HOUSING AUTHORITY WILL REPAIR THE STRUCTURAL DAMAGE TO MAKE IT SAFE AND FUNCTIONAL AS OUR FRONT GARDEN AGAIN BUT HE HAS DESTROYED A LOT OF HARD WORK WE AS A FAMILY HAVE INVESTED IN TO IT. IT WASN'T EVER GOING TO WIN ANY PRIZES BUT IT WAS LIKE THE HANGING GARDENS OF BABYLON COMPARED TO WHEN WE STARTED.  ARE WE ABLE TO CLAIM TO PUT IT BACK HOW WE HAD IT NOT JUST THE BRICKS AND MORTAR, IF YOU UNDERSTAND WHAT I MEAN? WE DON'T WANT ANYTHING OTHER THAN OUR FAMILY GARDEN BACK HOW IT WAS BEFORE THAT IDIOT DECIDED IT WAS SENSIBLE TO DRIVE UNDER THE INFLUENCE, BUT NOT CAREFULLY OR CAUTIOUSLY, BUT LIKE HE WAS ON A RACETRACK INSTEAD. HE WILL OR WON'T BE MADE TO REGRET HIS ACTIONS BUT HE NEEDS TO DO THE RIGHT THING AND PAY FOR OUR GARDEN TO BE PUT RIGHT. I WOULD REALLY APPRECIATE ANY ADVICE OR CONTACTS ANYONE COULD GIVE ME REGARDING THIS SORT OF THING. LIKE WHO DO I CONTACT IN THE FIRST INSTANCE? THANKS IN ADVANCE ANYONE WHO ANSWERS. ✌

lesalanos

I would try his insurance company first 

Car_54

Agreed. Was your CAPS LOCK key damaged in the crash?

Stubod

.Yes his insurance company.....but no need to shout?

J0N4H848Y

No my caps lock key wasn't damaged in the accident,lol. Good one. I had to copy the question & paste it a few places and the last one before this forum had it all in caps. Sorry if I was shouting the question to all. My apologies. Thanks for the answers though but I don't know his name etc. & the police won't give them to me, as I am involved in the eventual case, apparently??? His insurance will be null & void for driving drink though surely? They will refuse claims against his policy with them because he wasn't driving in accordance with uk legislation, so they're bound to wriggle out of paying up, I would if I was his insurer?? Dont know how it works, to be honest, hence my first ever foray into "ask the audience" en masse, as it were. 

J0N4H848Y

*drunk not drink

molerat

If he actually has insurance the insurer is duty bound to pay claims by third parties.  They may well claim their outlay back from him but that does not affect your right for recompense from his insurer.  If he is an uninsured driver then any damage can be claimed from the MIB.  If you have the registration of the vehicle then the insurer details can easily be got from MID.

PasturesNew

Your claim is against the individual. 
If he has insurance that's his lucky day.  If he hasn't, it's not the end of your claim.
You claim against him directly.  
The question is ... does he have any money to pay?  If he's a low life scum whose main income is from a bit of occasional drug dealing and going on the rob, then you won't win.  If he's got a job/house and is just a functioning alcoholic then drag him through the court and get awarded money .... which you might then have to follow up with a CCJ or bailiffs or something. 

You need to list completely a fair price/list of what you've lost - and get quotes to reinstate it. 

Else: Judge Rinder, who won't take court cases that have already gone to court. 

Car_54

PasturesNew said:

Your claim is against the individual. 
If he has insurance that's his lucky day.  If he hasn't, it's not the end of your claim.
You claim against him directly.  
The question is ... does he have any money to pay?  If he's a low life scum whose main income is from a bit of occasional drug dealing and going on the rob, then you won't win.  If he's got a job/house and is just a functioning alcoholic then drag him through the court and get awarded money .... which you might then have to follow up with a CCJ or bailiffs or something. 

You need to list completely a fair price/list of what you've lost - and get quotes to reinstate it. 

Else: Judge Rinder, who won't take court cases that have already gone to court. 

See Molerat's post above. Try the MIB before you resort to the courts.

kazwookie

Get some photos together of garden before and garden after, then go after the insurance as others have suggested above.

List out all items that were damaged and the replacement cost.

452

J0N4H848Y said:

No my caps lock key wasn't damaged in the accident,lol. Good one. I had to copy the question & paste it a few places and the last one before this forum had it all in caps. Sorry if I was shouting the question to all. My apologies. Thanks for the answers though but I don't know his name etc. & the police won't give them to me, as I am involved in the eventual case, apparently??? His insurance will be null & void for driving drink though surely? They will refuse claims against his policy with them because he wasn't driving in accordance with uk legislation, so they're bound to wriggle out of paying up, I would if I was his insurer?? Dont know how it works, to be honest, hence my first ever foray into "ask the audience" en masse, as it were. 

Tell the police Section 154 of the Road Traffic Act entitles you to have his insurance details.