A red Mercedes S class smashed into our parked car a couple of weeks ago, causing ?1000's of damage. As we did not get a number plate, neither our insurance nor the MIB will investigate further. As it was a damage only accident, the police are not looking into it either. Then last Thursday our car was hit again, causing a great deal more damage. This time we got the number plate and found, to our relief, that he was fully insured and admits all culpability. However, as he unfortunately had a stroke at the wheel causing the accident, the insurers say that he was not driving negligently, so they will not cover the damage. Can this be so? Can anyone give us advice?