Hit and run thank you Asda!

[jadesdaddy]

Hi guys I will try to make this as short as possible, in the hope that someone may be able to give me some advice.

Last Friday I returned to my parked car, to find my bumper laying in the road wing mirror smashed and other damage. There was a note on my windscreen, not from as you might expect the person that hit my car but from a person who had heard the loud noise that would have been made whilst my bumper was ripped off and saw an Asda delivery van driving away from it. Now I should point out that my car was parked in a small quiet village and not on a busy road.

I spoke to the person that left the note and he was quite adamant that it was the Asda van that caused the damage and that there were no other vehicles around at that time.

I telephoned the non emergency police number and reported the damage to my car. I was told to take my documents to my local police station which I did right away.

The police officer that I spoke to contacted Asda's transport manager and advised me to swap details with him right there at the police station over the phone, explaining that this would cut down on time as the transport police would then not have to be involved. I agreed and spoke with the transport manager on the telephone, gave him my details and he assured me it would be dealt with promptly.

Monday I had a call from Asda's insurance company who basically told me that Asda deny any responsibility.

Today I went back to the police station, explained what had happened and asked that they now investigate as there are obviously RT offences to be considered. The police refused telling me that I had swapped details and it was now nothing to do with them.

So here is the question(s) I have spoken with my own insurance company who have told me that they cannot help as my insurance is third party fire and theft, is this correct?

I have also been in contact with the transport manager for Asda again and asked if the driver of the van has actually denied hitting my car, to which his response was "I think so" no much of a response and one which makes me think Asda have just brushed this off.

I'm now considering taking legal action against Asda through the small claims court and would like to know do I have a right to ask Asda to supply me with the vans registration, it's tracking data, the name of the driver and to see the van that I believe hit my car to check for signs of damage and paint...there is certainly green and white paint on my car.

Thanks
Kenny

[EXC]

Re: Hit and run thank you Asda!

If the person didn't actually see the van hitting your car you can't prove it was the van to a court.

[wales01man]

Re: Hit and run thank you Asda!

Some proof is needed otherwise anyone can be blamed for a collision .

if this was reported by the OP to the police is it not their duty to investigate several offences might have occurred
Asda if they were inclined to avoid their insurers and the damage to there van is minimal pay themselves for a repair.
Tough one to call here if no witness and no police action?

[bluebottle]

Re: Hit and run thank you Asda!

Any driver who collides with another vehicle is required, by law, to provide their details, including insurance details, to the driver/owner/keeper of the other vehicle involved. If the other driver is not present, then the collision must be reported to the police within 24 hours of the collision occurring.

Colliding with a stationary vehicle makes it difficult to deny liability as this amounts to -

a. Failing to Steer A Safe and Proper Course;
b. Failing to Keep A Proper Lookout;
c. Failing to Control A Vehicle In A Manner So As to Avoid A Collision.

However, as the others have said, without an independent witness to the collision or CCTV footage, you have an uphill struggle trying to prove it was an ASDA vehicle that was responsible for the damage to your vehicle.

[enquirer]

Re: Hit and run thank you Asda!

The police refused telling me that I had swapped details and it was now nothing to do with them.

They are lying. The offence is one of making off after an accident.

So here is the question(s) I have spoken with my own insurance company who have told me that they cannot help as my insurance is third party fire and theft, is this correct?

Yes - as you are TPFT, you are not covered for any loss other than that caused to 3rd parties. No - the buck ultimately stops with their insurance, not yours.

I'm now considering taking legal action against Asda through the small claims court and would like to know do I have a right to ask Asda to supply me with the vans registration, it's tracking data, the name of the driver and to see the van that I believe hit my car to check for signs of damage and paint...there is certainly green and white paint on my car.

Although you are the victim here, as EXC and wales01man point out, without more in the way of concrete evidence, your claim will fail.

[bluebottle]

Re: Hit and run thank you Asda!

It is the police's problem if the van driver does not report the accident to them within 24 hours of the collision occurring. The OP has satisfied their own obligations under the Road Traffic Act in respect of the matter.

[wales01man]

Re: Hit and run thank you Asda!

Bluebottle there is No evidence it was the van if the police went to Asda and they have already denied it was their vehicle what can they do? Would they bother Its a sad state of affairs when whoever it was drives off next time it might be a person or child hit

[des8]

Re: Hit and run thank you Asda!

Would the "witness" be prepared to attend court as a witness, or support another approach to plod?

Although he did not see the collision, if on hearing it he immediately turned, saw the Asda van driving away and there were no other vehicles in the vicinity, I do not understand why that should not be taken as evidence.
We don't know the exact circumstances, but if this was a quiet road in a village there might not be any other vehicles within half a mile.

I certainly wouldn't be giving up yet.

[enquirer]

Re: Hit and run thank you Asda!

Would the "witness" be prepared to attend court as a witness, or support another approach to plod? Although he did not see the collision, if on hearing it he immediately turned, saw the Asda van driving away and there were no other vehicles in the vicinity, I do not understand why that should not be taken as evidence. We don't know the exact circumstances, but if this was a quiet road in a village there might not be any other vehicles within half a mile.

Threatening them with this is certainly worth a shot.

[bluebottle]

Re: Hit and run thank you Asda!

I have to agree with Des8 and Enquirer on this, Wales.

In my experience, what Des8 has said is not unreasonable nor is it beyond on the bounds of possibility either.

[wales01man]

Re: Hit and run thank you Asda!

The potential witness heard a bang and saw a van driving away? I would think they would not be to keen to swear on oath Problem here is if Asdas van was not proven to be involved by Asda ?
Dodgy ground without a bit more evidence

[des8]

Re: Hit and run thank you Asda!

Nothing ventured, nothing gained, and OP has nothing to lose by asking.

[wales01man]

Re: Hit and run thank you Asda!

Agree I would ask still think its very hard to get to the bottom of it .

[bluebottle]

Re: Hit and run thank you Asda!

Having re-read the OP's initial post, it would not be unreasonable for the police to interview the ASDA van driver, under caution, on suspicion of -

a. Failing to Stop After An Accident; and
b. Failing to Report An Accident.

Both are offences under the Road Traffic Act.

[jadesdaddy]

Re: Hit and run thank you Asda!

Hey guys thank you all for for your contributions. You have all given me something to think about. I'm not inclined to give up yet. Although I do think I need to decide the best route to take. I have contacted the transport manager again and asked him for the information from the tracking device of the van that was in that area when my car was damaged, I've also asked for the registration of the van and the name of the driver. He said he would send my request to the claims department.

It just seems so unjust that Asda's insurance company will be judge and jury as it's obviously not in their interest to pay.