Council vehicle hit my car and now denies liability: who helps?

Summary

When a council vehicle hits your car, your insurer usually deals with the council's insurer or claims handler. If the council denies liability, the insurance claim can take months, even with dashcam footage. Give your insurer everything, including what the driver said at the scene. Ask whether your policy has legal expenses cover to recover your excess and other losses. If your insurer is slow or handles it badly, complain to it and then go to the Financial Ombudsman. A local councillor can ask questions, but cannot decide who was at fault.

Key information

• Who handles it: your insurer deals with the other side's insurer. Councils often insure themselves through a claims handler.
• Evidence: dashcam footage, photos, the place and time, and a written note of the driver's admission made as soon as possible.
• Uninsured losses: your excess, travel costs and loss of use. Legal expenses cover, if you have it, often pays to recover these.
• Renewal: tell any new insurer the claim is open and that you say it was not your fault. Shop around if your premium rises.
• Injuries: if anyone in the car was hurt, get checked and keep records. Injury claims follow their own process.
• Time limits: property damage claims usually have 6 years, injury claims 3 years, but act much sooner.
• Money worries: if the delay is causing hardship, Citizens Advice can check what help you can get.
• Your insurer can: pursue the council's insurer, and repair your car under your policy while liability is argued; recover your excess if the other side accepts fault, or through legal expenses cover. They will not always explain progress. Ask for updates in writing.
• The council can: pass the claim to its insurance team and look at a complaint about how its driver behaved; councillors can ask officers about progress. They will not let a councillor decide fault. The Local Government and Social Care Ombudsman usually will not look at matters that could go to court.
• The Financial Ombudsman Service can: look at your own insurer's handling, including delays and poor updates, after you complain to it. See insurance complaints. They will not decide that the council was at fault.

Practical guidance

• Write down what the driver said at the scene, with the date and time. Send it with dashcam footage to your insurer.
• Ask your insurer whether you have legal expenses cover and who is recovering your excess.
• Ask for updates in writing and a likely timescale.
• If the claim stalls, complain to your insurer. After 8 weeks or a final response, go to the Financial Ombudsman.
• If you have no legal cover, you can claim your uninsured losses yourself through the small claims process after a letter before claim.
• Use the council's complaints process about the driver if you want, and contact your councillor if you feel ignored.
• Ask the Shaman to order the steps for your case.

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