I’m the 3rd party non fault driver, Aviva repeatedly IGNORING my claim

[BankFodder]

If you do eventually sue then it would be the driver. However a little preparation might be useful and I would suggest that you send an SAR to Aviva and find out what they've got and also that will give you a clue as to why they aren't responding to you.

In a separate letter you could usefully start a formal complaint and tell them that it's going to go to the ombudsman – but also tell them that you may consider bringing a claim against them for unfair treatment under ICOBS.
Make sure the formal complaint is in a separate letter because these people are incapable of appreciating that there are two issues on the same piece of paper.

What is the value of the damage?

As you have the address of the driver you could also go to the land registry web search and see whether they own their property because that will give you a clue as to whether or not they have assets.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do?_ga=2.174890539.883102894.1647954903-1500751136.1627887581

 

[BankFodder]

You should not send out a letter of claim unless you absolutely intend to proceed with the claim on day 15. Do not try to use a letter of claim as a tactic which is calculated to elicit a reply. If there is no reply or nothing satisfactory then you will be left dangling and you will lose credibility.
A letter of claim is not a bluff. It is a promise to issue a claim if you do not get a satisfactory response – which basically means reimbursement.

I suggest that you post up a letter of claim here in draft for us to have a look but only send it if you have decided to issue the claim.

On the basis of what you tell us here, your chances of winning are extremely high – better than 95% and so you should have no qualms about beginning the claim

[BankFodder]

Also, be aware that if she does decide to respond she will refer your letter to her insurer and she will require you to contact her insurers and to do with them. Her insurers will do the same thing.

You should not do this. It is her problem. And you should continue directly against her. Don't forget she is the weak link in the chain she. She will have less resolve.

She owes you the money and she is the one who failed to stop so that shows dishonesty.

You can tell her that once you obtain the judgement against that you will be forwarding a copy to the police

[BankFodder]

I quite agree that the police won't be at all interested. But I would still tell her that you will pass the judgement on to the police .

It's all about leverage

 

You can also tell her that once you get your judgement you will be posting an unredacted copy on this forum and elsewhere on the internet so that her name will be well known for what she has done.

[BankFodder]

Time to stop chatting about it and to put in procedure.

Post your draft letter of claim here and will have a look.

If you aren't  prepared to send a letter of claim then frankly you may as well give up.

 

If you do send the letter of claim then do understand that you will have to do issue the claim on day 15. Don't imagine that sending a letter of claim is automatically going to produce a response.

You need to take control and show them that you have control.
Even if they respond but they don't meet your demands expressed in letter of claim – then you issue the claim.

Once they receive the claim papers, then you will see a remarkable change in attitude