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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Car was hit when parked by an uninsured driver - claim costs

Customer Question

My car was hit when parked, by an uninsured driver who passed their test recently. The police said the driver will get a fine, 6 points and will have to redo their driving test.

I've comprehensive cover from Aviva. My car has been written off and Aviva said they'll pay me the market value of my car, but will charge me my Access because the offender is uninsured.

I find it quite unfair that an uninsured driver drives into my car on a Christmas day and it costs me my £350 access for no fault of mine, because the offender is uninsured (if they were insured, their insurance company would pay the cost of repairing/replacing my car)! Surely, I'd think that if the offender is insured, then they would have to pay any costs for causing the issue?

What's the law around this and is there any way I can claim the access?

Other details: there were no injuries (my car was empty and fortunately the offender did not injure themselves in this accident) and I've photos of the accident.

Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alice H : My name is ***** ***** I'm happy to help with your question today.
Alice H : You can claim the excess directly from the other driver. You should have his details - if not you can get them from the police. You should then write to him asking for payment within 14 days. If he fails to pay you can sue him in the County Court (small claims procedure) using the MoneyClaim Online service: https://www.moneyclaim.gov.uk/web/mcol/welcome
JACUSTOMER-3ba10ug2- :

Many thanks Alice, I'll write them a letter and sue them if they fail to pay.

Alice H and other Law Specialists are ready to help you
Customer: replied 2 years ago.

If the other driver doesn't pay even after the small claims procedure, would I need to take further actions and would that incur additional costs?

And what happens if they are unemployed on benefits and don't have money to pay?

Expert:  Alice H replied 2 years ago.
Good evening
If, after writing a letter of claim, the other driver does not pay then it will cost £25 to make a claim against him.
The court will send a claim form and assuming he does not defend the claim you will get judgment and can enforce it using bailiffs or attachment of earnings, for example.
His credit rating will also be severely affected by a court judgment.
These are all very good reasons for him to pay up. The amount you're claiming is not significant and by paying you he avoids getting a bad mark on his credit file and also avoids the risk of bailiffs knocking on his door.
If he's unemployed or does not have the means to pay you're only "loss" is the £25 court fee.
The judgment is live for 6 years so even if you cannot enforce it immediately because of his unemployment etc, you could enforce it on a later date.
Hope this helps.
Alex