>A man driving a car ran into the back of my daughter, causing some damage,
>the promptly drove off. Luckily there were 2 independent witnesses, the
>police were called. They have since contacted my daughter to say that the
>car has not been reported stolen, so I assume they will be taking action
>against the driver. However my daughter insurance company told her that she
>will lose 2 years no claims, unfortunately as it was a new car with "free"
>insurance she did not have NCB protection.
At the moment she has lost 2 years no claims because she is making a claim
against her insurance. However, should the police catch up with the driver
of the other car then your insurance company should be able to claim against
him/her or his/her insurance, in which case your daughter will get her 2
years no claims back. However, she may need to insist that they do this.
I had a case where I lost 2 years no claims because of a vandal causing
damage (so not another driver). The police caught the chap but he had no
funds to speak of so the insurance company didn't want to persue it. Because
legal protection was included in my cover I raised this with them and we
agreed that whilst it wasn't worth persuing the person they would give me
back my 2 years no claims (so all I lost was my excess).
> Now if the driver of the other car is found to be culpable will she be
> able to claim the loss of her NCB as compensation?
The insurance company should be doing this, so she should get her 2 years
back plus any excess - but give them a ring and check that they are going to
do this don't assume it will happen without you prompting (it should, but it
depends on the insurance company).
This is based on my experience. IANAL.
Hope this helps.
--
Brian Cryer
http://www.cryer.co.uk/brian