Damage to paintwork by work colleague

McKneff

williamgriffin said:

Marvel1 said:

Go through your insurance, do this now, they had their chance.

Why should the op pay an excess? Go through the third party insurance if making a claim. 

The op is the innocent party. In which case there is no excess to pay  .
the guilty party pays all the costs

Sandtree

McKneff said:

The op is the innocent party. In which case there is no excess to pay  .
the guilty party pays all the costs

If they claim off their own insurance first they have to pay their excess, though as a guesture of goodwill some insurers will waive this in certain circumstances (normally a clear cut liability situation, full details of the driver and insurance details being given).

This uninsured loss is recoverable from the third party/their insurers and assuming they have insurance or the means to pay it if they don't have insurance, the net impact will be nil but in the interim it could be payable.

If they claim directly from the third party insurers then there is never an excess to pay but to do requires liability and indemnity to have been resolved prior to them being willing to deal with the OP.

paul55555

[Deleted User] said:

paul55555 said:

car park is a private car park for staff

Is there anything to prevent public access?

yes their is a automatic door that opens and closes but any car can drive up to the gate and it will open. their is a sensor that makes the gate open,

Ditzy_Mitzy

paul55555 said:

[Deleted User] said:

paul55555 said:

car park is a private car park for staff

Is there anything to prevent public access?

yes their is a automatic door that opens and closes but any car can drive up to the gate and it will open. their is a sensor that makes the gate open,

This would appear to fall under R v Spence (1999), therefore, meaning the Road Traffic Act does not apply: Regina v Spence: CACD 24 May 1999 - swarb.co.uk
The general principle seems to be that a car park is not a public place if the landowner or operator does not define it as such.  Admission to a special class of persons, such as employees of a company using a company car park, does not a public place make.  As such, all this stuff about failing to report does not apply.  You can still pursue the matter privately or via insurance, however.