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Damage to Privately Parked Car - Who is Legally Liable?

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  • Damage to Privately Parked Car - Who is Legally Liable?

    My car was parked on our parking area (owned by me) and my wife went out leaving a space alongside my car (also our owned parking area). Our neighbours received a delivery they had ordered from a very well known online retailer (you will all know the retailer) the delivery driver backed into the space my wife had vacated and upon driving off shunted my parked car sideways and caused several thousand pounds worth of damage. My CCTV captured the vehicle number plate and how the damage was caused, but no clear view of the driver was recorded. The driver drove off without stopping to provide details (the impact was large, made a huge noise and shifted a 2 tonne car quite a lot so the driver was very well aware).
    A police report was filed but the police advised that because the vehicle had insurance and as far as they could see the vehicle was not involved in serial offences they could offer no assistance.
    I contacted the retailer and was advised to contact their claims company, which I did. They advised me that the vehicle was sub-contracted to undertake the delivery (i.e. the vehicle was not owned by the retailer and the driver was not employed directly by the retailer.
    After some weeks, I was advised that I would need to deal with the insurance company of the vehicle owner. I was provided with a policy number and the name of the insurance company but no claim number. The insurance company is based abroad and it was impossible to get through on the phone so resorted to email but no answer.
    I completed DVLA V888 form and obtained the registered owner details of the vehicle, however, the registered owner is a lady and the delivery driver was a male and thus they are not one in the same.
    In frustration I went back to the retailer's claims company and eventually they provided me with the name of the Company that arranged the delivery (Limited Company based in UK). However, again, it is clear that this company had themselves, almost certainly sub-contracted the delivery to either the registered keeper or their driver.
    Eventually the insurance company contacted me and approximately four weeks ago sent an assessor to inspect the vehicle (they do not dispute the validity of my claim as the CCTV evidence is irrefutable and thus are accepting of the fact that it is a no fault claim), at the time of writing I am still waiting for a reply to know what is happening (it will shortly be four months since the damage occurred).
    I made the decision not to involve my insurance company in the claim because it was clear that my excess may be at risk, my premium would likely rise and the damage was very costly potentially putting the car at risk of being a write off (my insurance company were informed of the accident immediately after it occurred).
    I have now finally had enough and intend to take action, but this posses the following questions:

    1) Is the retailer liable who arranged the delivery for our neighbours (bearing in mind thought that it was not their own driver/vehicle that was used).
    2) Is the Limited Company that the retailer contracted to undertake the delivery liable (bearing in mind thought that it was probably not their own driver and certainly not their vehicle that was used).
    3) The registered keeper, in my understanding cannot be served with a NIC because only the police have that power and they are not interested in assisting me with this.
    4) Clearly the insurance company have liability but they have gone missing and prior to that insinuated a write-off value may be offered minus salvage fee.

    I want and expect to be put back in the same position I was prior to the accident taking place, but I'm now at the point of not really knowing which was to go.

    Notes: I asked the retailer for details of the delivery driver, but was advised for GDPR reasons that was not possible (never mind they committed a criminal act by failing to stop and provide their details). I am so angry about this now that I am considering going after the driver with a criminal prosecution, irrespective of any civil action I may bring), but I still have the issue of not knowing who the driver is. At this stage I have not written to either the Limited Company who undertook the delivery or the registered keeper of the vehicle. Further, I am unable to compel the registered keeper to provide details of the driver which leaves little option left. I am aware of Norwich Pharmacal orders and clearly that could be an option to compel the retailer to provide the driver details but that's a lot of grief and cost.

    To conclude, if anyone is able to assist who I should go after I would appreciate it very much! Again, I am (at the moment) just seeking to be put back to the position I was prior to the incident but not in a worse case.

    Thank you!
    Tags: None

  • #2
    Have you claimed on your insurance and passed all this information to your insuer?
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


    • #3

      The liable party is the driver.

      IMO your best course of action is to lodge a claim with your own insurers.
      Yes, you will have to pay the excess (unless you can find the third party) and possibly your premiums will rise and it may affect your NCB (unless protected), but IMO you pay your premiums to unload the risk onto your insurers, so why not avail yourself of the policy benefits.
      If you never intend to claim off your own policy you might as well just insure RTA only

      PS use the police complaints procedure as driving away from the scene of an accident is a criminal offence and their alleged reason for not investigating is a non sequiter.

      PPS whose insurer has sent the assessor?


      • #4
        My insurance company were given all of the details immediately after the incident but for the reasons set-out it's not an ideal situation for me to process this through my insurance company so I asked them to be on standby and that I would contact them in the event that I want to make the claim via them.


        • #5
          Originally posted by atticus View Post
          Have you claimed on your insurance and passed all this information to your insuer?
          Thanks, I went down the road of the complaints process with the police but they just reiterated their stated policy. Yes, it is indeed a criminal offence but that doesn't seem to be enough to interest the Police these days.
          The Assessor was sent by the other parties insurance company (4th of this month and no contact). I had a look on Google and the insurance company have more or less all one star reviews....truly awful company it seems!
          It's tricky going through my insurance for the reasons I stated and the car is a modern classic that has had a lot of money spent on it recently and I have had it for year, know its history. The repair cost is very large and the insurance company will do what's most cost effective for them, which could well be a write-off. It is non structural damage (I think) so it could end up with a category but again, that'll reduce the value on top of the other reasons.
          What's annoying is that my car was just minding its own business on my land and then I have to put up with all of this and probably suffer some costs at the end of it. I'm not the best person to do this to as I'm like a dog with a bone, so I'll keep going until I get somwhere.
          Thanks for your reply!


          • #6
            well get quotes for the repair costs and if necessary negotiate with the third party insurers for a cash payment.


            • #7
              What is this modern classic?


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