Ask an expert

Somebody hit my car 2 weeks ago and they have insurance but have still not made a claim with their insurance company. Can you force someone to make a claim, if so who can force them and how?

You cannot force somebody to make a claim with their insurance company. If you have full insurance cover on your vehicle then you should contact your insurance company and let them deal with the other driver – hopefully he accepts responsibility. If you are not insured or the other driver refuses to accept responsibility or pay up then you will need to take the matter to the Motor Vehicle Disputes Tribunal to have the case heard and the adjudicator will make a ruling.

If you contact the other person’s insurance company directly and the driver doesn't accept responsibility then the case will need to be taken to the Motor Vehicle Disputes Tribunal as the insurance company cannot accept liability on their client’s behalf.