Ask a Law Question, Get an Answer ASAP!
You have reported this to your insurers I presume?
Doesn't your insurance contract demand that you do disclose any incident?
That would be normal.
What will it cost to put this right?
You could sue the driver. There is no reason that you cannot bring a small claims court claim against him.
What could happen though is that he could pass the claim onto his insurer as they are liable on his behalf. They will probably demand your insurance details and disclose to them. They can be a bit mercenary and will take any advantage that they see.
You need to disclose if your contract demands it for that reason alone.
The advantage of suing the driver is that you probably won't meet with the aggression and experience of an insurance company.
The advantage of suing the insurers is that they may just settle and anyway can pay the award as the driver may not be able to.
It really depends what you prefer.
I think overall I would sue the insurers but then I am comfortable with litigation.
Can I clarify anything for you?
No, both are liable.
I suppose you could get an injunction forcing them to disclose the name of the driver but the cost would be prohibitive.
If you have the registration number then you could ask the DVLA to disclose. You do have a good reason.
Yes, you can sue them.
Oh yes, that is not your problem.
They are liable as his insurer.