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Newbie here, so please be gentle or point me to other forum/posts that might help!
While I had parked on Private Land (a public car park for a block of flats) a driver reversed into my parked car. (causing several £'000 of damage). Yes my car was within the parking space! No my own insurance does not cover this incident.
The driver got out examined the damage (so clearly identifiable on the CCTV - as a Female).
They failed to report the damage/accident or to leave any note, it was only luck that CCTV captured the events.
askMID provided the insurance details, and the insurer have now replied saying that without the "name" of the driver, as per a recent case “Cameron V Liverpool Victoria”, they will not accept any claim.
They claim their policy holder denies being involved, but it might be a named driver. They have been sent the CCTV and there is no doubt about the liability. They have not indicated the car was stolen.
I have now reported the incident to the police (but they appear to treat this with low priority due to time passed and no personal injury), so still waiting for any personal contact and update on the matter. The Police have powers under the RTA (Section 172) to request the drivers details, or indeed match the CCTV picture to a face … if they attend the Registered keepers address. Lots of less than certain if's and time delays.
I have sent a V888 to DVLA, which I hope to hear back in the next 14days ...
but if this comes back as a Male owner, then what are my options? Even as a female keeper, that might not give certainty of the driver identity?
Do I have any legal right or ability to request the details from either the Registered Keeper or the insurer?
under pre-action discovery pursuant to Civil Procedure Rules r. 31.16
or a Norwich Pharmacal orders (NPO) - is this going to be possible against the insurer, who would become party to the litigation once the identity is confirmed, and the party is indeed covered on the insurance policy? Also would a judge allow use of this for such a matter?
or via Freedom of information somehow from the insurer?
Am I missing some simple remedy, where I can formally ask the insurer to confirm who the policy holder states was driving the vehicle? They have not claimed it was stolen or TWC, just that without the name of the driver their liability fails to exist.
I am only interested in information about obtaining disclosure or otherwise to obtain the name of the driver, or the applicability of the insurer hiding behind Cameron V Liverpool Victoria in these circumstances, where the driver can be clearly seen and identified in the CCTV pictures.
It's a shame that the insurer is shielding and aiding/abetting their policyholder/named driver to frustrate a genuine claim, so any advice or pointers greatly appreciated
Thanks in advance
While I had parked on Private Land (a public car park for a block of flats) a driver reversed into my parked car. (causing several £'000 of damage). Yes my car was within the parking space! No my own insurance does not cover this incident.
The driver got out examined the damage (so clearly identifiable on the CCTV - as a Female).
They failed to report the damage/accident or to leave any note, it was only luck that CCTV captured the events.
askMID provided the insurance details, and the insurer have now replied saying that without the "name" of the driver, as per a recent case “Cameron V Liverpool Victoria”, they will not accept any claim.
They claim their policy holder denies being involved, but it might be a named driver. They have been sent the CCTV and there is no doubt about the liability. They have not indicated the car was stolen.
I have now reported the incident to the police (but they appear to treat this with low priority due to time passed and no personal injury), so still waiting for any personal contact and update on the matter. The Police have powers under the RTA (Section 172) to request the drivers details, or indeed match the CCTV picture to a face … if they attend the Registered keepers address. Lots of less than certain if's and time delays.
I have sent a V888 to DVLA, which I hope to hear back in the next 14days ...
but if this comes back as a Male owner, then what are my options? Even as a female keeper, that might not give certainty of the driver identity?
Do I have any legal right or ability to request the details from either the Registered Keeper or the insurer?
under pre-action discovery pursuant to Civil Procedure Rules r. 31.16
or a Norwich Pharmacal orders (NPO) - is this going to be possible against the insurer, who would become party to the litigation once the identity is confirmed, and the party is indeed covered on the insurance policy? Also would a judge allow use of this for such a matter?
or via Freedom of information somehow from the insurer?
Am I missing some simple remedy, where I can formally ask the insurer to confirm who the policy holder states was driving the vehicle? They have not claimed it was stolen or TWC, just that without the name of the driver their liability fails to exist.
I am only interested in information about obtaining disclosure or otherwise to obtain the name of the driver, or the applicability of the insurer hiding behind Cameron V Liverpool Victoria in these circumstances, where the driver can be clearly seen and identified in the CCTV pictures.
It's a shame that the insurer is shielding and aiding/abetting their policyholder/named driver to frustrate a genuine claim, so any advice or pointers greatly appreciated
Thanks in advance
