Last weekend, my wife's car got knocked from behind at the federal highway. Cars were travelling around 20-30km and then the whole line stopped, but the car behind probably wasn't paying attention and drove straight into her car (didn't even look like he was braking and he was quite far away when she starting slowing down).

Now, the fella didn't have a valid roadtax or insurance. He has made a police report, though. Repairs are estimated at 3.5k.

My wife's aunt, who is the insurance agent, asked her to chase the guy for payment but I think it's a waste of time. Someone who can't pay his own insurance and roadtax probably won't be able to pay us back. I was thinking a ODKFK claim who be the better option.

Can we claim using the own damage knock for knock claim once the report is out? I read in another thread that the other party should have a minimum of a 3rd party insurance for us to make the claim. Anywhere I can check if this is the case?