Off Street Parking insurance claims

[Major_Grooves]

If someone damages your bike on "Off Street Parking" is it still covered by the person's insurance?

I have CCTV of my neighbour knocking my bike over with his car, then picking it up and driving away. It has some damage. Is he obliged to pay for it or make an insurance claim? If he refuses is it a criminal damage case or what?
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[carvell]

Send him a letter saying that you have evidence and he can view it if he wants - he'll probably offer to pay up for it, saves a lot of hassle.
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Yamaha TDM 850

[Rocket Ron]

thats failure to stop tell him about it and if he does not give you his insurance details call the police.

[Major_Grooves]

[Rocket Ron]

He still as to pay up if you worried give you local cop shop a call, i'm sure that they would be more than happy to advise.

[scooby doo]

i wae given a producer on privet groud and told i would have to produce my documents an i would have had do ride on a public road to get there

[True Blue]

It doesn't matter if it was on the pavement. If the guy drives off the road and hits a lamp post he still has to report it. It doesn't matter what he hit.

However I'm sure you can't use your cctv as evidence because you are not allowed to film a public pathway. I think.

I thinkk Carvell's way is best
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[Kickstart]

Hi

He is under no obligation to claim off his insurance. However he is responsible for the damage. He can claim or he can pay you directly from his own pocket.

All the best

Keith
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[T.C]

Insurance is still valid regardless of whether the damage was caused on a public road or on private property.

If he fails to notify his insurance company then you will need to take a civil action against him through the County courts which is quite straight forward.

What you need to do is (if you have his details) write a letter of claim to him telling him that you hold him responsible for the damage caused to your vehicle, and that unless he responds with the details of his insurance company within 7 days of the date of your letter, then it will be your intention to instigate proceedings through the county court where you will seek to recover the cost of the damage as well as your out of pocket expenses.

The thought of a CCJ (if it is someones reasonably respectable) is usually enough to either get their insurance company moving or sort the whole thing out pretty quickly. At this stage though, although you have CCTV footage don't let him/her know just say that you have evidence which substantiates your claim, use the CCTV as you ace up your sleeve.

If you don't have drivers names and address, then write to DVLA explaining why you need the driver or registered keepers details enclose a cheque for £2.50 and they will forward on sufficient information for you to start the ball rolling.

You could allege criminal damage which could result in his arrest, but I don't think the Police would be that interested unless it was a blatant attempt to damage your bike.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Major_Grooves]

Thanks for your reply T.C.

The incident happened last Monday morning. I have yet to contact the driver - having trouble getting his name but I should today as he lives in the same block of flats as me.

The CCTV shows his car knocking over my bike and him getting out and picking it up. However it does not prove it is him or his car as it is from a distance and the CCTV is quite grainy. It is also not dated or timed, but it is obvious it is morning as you can see the sun rise. It is obviously him though as it is him that parks there next to me every night.

Does the length of time between incident and my letter to him as well as the quality of CCTV make any difference?

I intend writing the letter today (leaving name blank till tonight) and giving it to him tonight. Is it worth just speaking to him first or should I got straight to writing with what you said?

thanks

-M_G
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[T.C]

In damage only cases there is a time limitation of 5 years in which to issue proceedings, so a few days will not make any difference particularly as you had to make your enquiries in order to identify the driver.

Circumstantial evidence is all in your favour, the fact that it is the same vehicle that you see every day, the fact that you recognized the car etc, so the evidence all looks good, and unlike criminal cases where you have to prove beyond reasonable doubt, in civil cases you only have to prove "on the balance of probability" which is much easier.

You could try talking to him, but if he has not said anything at this stage, then it is unlikely he is going to do anything, so I would suggest that writing to him from the off at least lets him know that you are serious about this and that you are not likely to be fobbed off.

If after 7 days he has not responded or done anything about it, then nip down to your local County Court office and issue proceedings which doesn't take very long, is not expensive and the court staff will help you fill out the paperwork. Once he gets the summons through the post he may change his tune.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Major_Grooves]

Thanks again T.C.

Just one quick querie before I write the letter. At what point to I have to inform my insurance company about this and is it liable to effect my future insurance premiums?
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[T.C]

[Major_Grooves]

I've got the quotes for the accident repairs. £5 shy of £500!

I've also got the forms from the DVLA to get his details.

I'm just wondering; if it went to the County Court and he lost, would his insurance company then pay out or would it be out of his pocket plus expenses?

I'm presuming he'd have to pay, but I'd like to know for sure so I can go and give him a copy of the repairs estimate and see if he changes his mind.
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[Major_Grooves]

So I had been putting off going to the county court as I wanted to speak to him first to persuade him to go through his insurance company as it would be less hassle for both of us.

However I had been waiting a few weeks without seeing him and presumed he was on holiday or something. But speaking to our caretaker yesterday it would seem that this guy and his g/f have done a midnight runner from the flat!

So I can't do court proceedings now as they would be issued to his old flat which he has fled.

I'm now going to wait a couple of months until he re-registers his car at his new address then trace his details through the DVLA again then go straight to court. According to T.C. I have 5 years to do this so there is no rush!
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[Rhino]

I think you can do away with the friendly approach to this guy Major. I wish you the best of luck tracking this guy down and getting the dosh he owes you.