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