Damage caused by drunk driver - can we claim?

overload99

A driver who had been drinking, recently caused an accident outside our home which resulted in our hedge being damaged beyond repair. The driver drove off without stopping but was later caught and arrested. I have a Police Incident number but when I called our home insurance company, they said that the hedge was excluded from the policy. As the drunk driver was at fault, can we claim against his insurance instead? 

elsien

Have you got proof it was him? Being arrested for drunk driving later in the day doesn’t automatically follow that he caused your hedge damage. 

overload99

Yes, there were several witnesses. He got out of the car and then drove off. The witnesses thought he looked drunk so they took photos of the car and registration plate.

Keep_pedalling

Yes you can claim against his insurance. 

DullGreyGuy

Keep_pedalling said:

Yes you can claim against his insurance. 

Though note that as he was drunk his policy may be void.

Their insurer will still be the RTA Insurer of the vehicle and some insurers will be willing to fulfil their obligations as such straight away however by the letter of the law they are only required to act after you get a court judgement against the driver and some insurers do risk the higher costs as some people won't want the faff of litigation. 

Arunmor

The insurer would still be on the hook for third part claims, they would then have to pursue the driver for recompense if they were so inclined.