Amazon delivery driver reversed into my driveway and hit my car, Amazon claim handling service refusing claim

[thirdtimelucky]

An Amazon van that had just delivered a gift to me reversed into my driveway and scraped the side of my car. I raised a claim with Amazon but ARC their claims handling service has just replied saying they will not grant my claim as there is insufficient evidence. Specifically "no supporting evidence of the claim", "no witness, no CCTV footage to support my version of events", and "culpability of the driver was not proven irrefutably or circumstantially". 

 

I sent in photos of the damage and a written estimate of the repair cost from a body shop (£750).  There was no third party to witness the accident as it was on my private driveway in a quiet neighbourhood.  I have the delivery label of the package and the person who sent me the gift has also sent me a screenshot of the time the package was notified as delivered. As I was unwrapping the present I glanced up out of my window and saw the Amazon van reversing into my drievway in a very weird path and was fearful it had hit my car, however I didn't hear any sound and the van drove off so I (wrongly) assumed she'd not collided. 

 

I'd like to appeal the decsision by the ARC claims handling service with Amazon directly, and maybe issue a letter of claim. But I'm not sure how to put it all together in the most compelling way. I saw this earlier thread of a very similar sounding incident, but the link to the "letter of claim" doesn't work.  

 

Any help gratefully received.

 

[Ethel Street]

Sorry, but the earlier thread you have linked was an entirely different problem because in that case Amazon had admitted immediately that their driver had caused the damage and Amazon (ARC) agreed to pay. Liability wasn't disputed, they were just slow in paying.

 

Your case is very different because Amazon (ARC) are denying liability. They say that the Amazon driver did not damage your car.  Unforunately evidence that your car is damaged isn't evidence of who damaged it.

 

Let's see if others can suggest what evidence you could use in the absence of any witness or CCTV evidence. 

[BankFodder]

If it went to court, then you would have to show that on the balance of probabilities, it was the Amazon van which damage to your car.

You seem to have all the rest of the evidence in place – and certainly culpability is not an issue because your car was parked and the Amazon van was moving.

"Balance of probabilities" is a pretty low bar. It means more than 50% likely that it did happen as you claim.

However you would certainly need to produce the evidence and the only thing I can suggest is having a look at the damage to your car to see if there is any paint on it. If the Amazon van has left paint which is the same colour as that of the van then I think that you have got enough evidence to persuade a court.

[thirdtimelucky]

Very helpful, thank you both!  

 

Yes there is plenty of paint from the Amazon van on my car. Wondering if I should see if I can get a sample taken and the colour confirmed?  Presumeably I can include the cost of obtaining the paint colour analysis included in my claim? 

I know the exact time of delivery, and it was a lady driver (unusual for my round), is there anyway I can get Amazon to provide driver details for the delivery? The relative paucity of female drivers could perhaps help with the "balance of probability".

 

Is there a template for a letter of claim I could send in to Amazon?

 

Obviously hoping the letter will be enough to encourage them to allow my claim, but if not then I believe it's a necessary step before lodging a small claims court claim.