here are the options I see from my perspective.
Option A) Claim against your own insurance
You claim against your own insurance company and lose NCD.
- Car gets fixed quickly
- You do not need to pay anything
- You will pay higher insurance the coming years, because you lose your NCD
You might get lucky that an insurance company will sue the other party on your behalf, because they want to recover the lost money from the other party. This is called "subrogation" in insurance terms. The insurance company has the right to sue the other party on behalf of you and gets pays if successful. Here your insurance agent might be able to help you get that with your insurance company.
Option B) Sue for damages
You sue the other party for damages. This means you sue to get back the repair cost. You cannot sue for loss of NCD, because if the other party pays for the repair you will not lose your NCD.
- you will need to pay for your own repair upfront
- there is no guarantee that the court will award you the full amount of your repair
- there is no guarantee that the other party has the money to pay you
- taking into account solicitor fee it is very likely that you will get less
- it will take months until you get paid
Option C) Negotiate
Depending on how much your insurance and lost NCD is, you could just negotiate with the other party to pay you the lost NCD for one year, instead of going to court. This way you get something and the other party does not need to worry about the lawsuit. It can be a win-win.
We wish you good luck in this unfortunate event. Please share with us what you decide.