Car was damaged while parked

dlugi

Hi. My car was damaged while parked, was at night so cctv didn't pick up registration number but it shows vehicle make and company details on the side of the van, after over one year from accident my insurance company send me email that I'm at fault because they cannot claim against third party because there is no reg number, it's possible to do anything about it? It takes them long time to resolve problem so I could not change company "claim in progress" and have to continue insurance with them which already goes up over £200.
Thanks

born_again

In reality no.
Unless they can identify the vehicle involved, then there is nothing you can do. 
While you may have had the name of the company, if all drivers say it was not me. I'm afraid that is the end of the matter.
The time it takes is out of their hands, as they will be relying on the other parties to comeback with information. 

I suppose you could try suing company, but how would you now prove anything, unless you still have cctv?

dlugi

I still have cctv video, it was rental company, I contacted them, they say that all vehicles have tracking devices but they not going to check that, thay have time date and location but probably they simply don't care and don't want claims against their insurance. No one will push them to do this as police don't care.

cw8825

dlugi said:

I still have cctv video, it was rental company, I contacted them, they say that all vehicles have tracking devices but they not going to check that, thay have time date and location but probably they simply don't care and don't want claims against their insurance. No one will push them to do this as police don't care.

ultimately and as harsh as it is you don't have anything concrete to pursue the rental company
they cannot be expected to search all their vehicles to provide evidence for you to make a claim against them - their insurers would also not be impressed with them inviting and assisting a claim

DullGreyGuy

dlugi said:

Hi. My car was damaged while parked, was at night so cctv didn't pick up registration number but it shows vehicle make and company details on the side of the van, after over one year from accident my insurance company send me email that I'm at fault because they cannot claim against third party because there is no reg number, it's possible to do anything about it? It takes them long time to resolve problem so I could not change company "claim in progress" and have to continue insurance with them which already goes up over £200.
Thanks

Was it reported to the police?

Not normally a fan of them when it comes to motor claims however they do get much more of a response when one of their letters arrives at a company's office than one from a random insurer. 

Ultimately the driver has to be traced for any hope of litigation if the company is refusing to identify driver, vehicle or insurer. 

dlugi

DullGreyGuy said:

dlugi said:

Hi. My car was damaged while parked, was at night so cctv didn't pick up registration number but it shows vehicle make and company details on the side of the van, after over one year from accident my insurance company send me email that I'm at fault because they cannot claim against third party because there is no reg number, it's possible to do anything about it? It takes them long time to resolve problem so I could not change company "claim in progress" and have to continue insurance with them which already goes up over £200.
Thanks

Was it reported to the police?

Not normally a fan of them when it comes to motor claims however they do get much more of a response when one of their letters arrives at a company's office than one from a random insurer. 

Ultimately the driver has to be traced for any hope of litigation if the company is refusing to identify driver, vehicle or insurer. 

It was reported to police but I got standard answer - "contact your insurance"

ThorOdinson

Due to the amount of time that has passed it's probably not possible for the police to get the tracker data now anyway. They are pretty useless unfortunately. 

The only thing you could do is take them to small claims court, but it might be difficult to win. The judge might look favourably on you because clearly the company can did damage your car, so regardless of who was actually driving the company should compensate you.

DullGreyGuy

ThorOdinson said:

Due to the amount of time that has passed it's probably not possible for the police to get the tracker data now anyway. They are pretty useless unfortunately. 

The only thing you could do is take them to small claims court, but it might be difficult to win. The judge might look favourably on you because clearly the company can did damage your car, so regardless of who was actually driving the company should compensate you.

Generally a company is liable for the actions of its employees whilst they are acting in the course of their duties but for all thats known right now it could have been a chap legitimately using the van to go get his weekly shopping and not in the course of their duties and so the driver not the company are liable.