You are in for a fight if the van is hired. Most hire car companies will deny/ignore you and hope you go away right up to the steps of the courthouse, even in obvious cases like this.
I have had hire car companies not even make a claim, ie accepting a their car is a writeoff, so my insurance can do nothing but sue civilly.
They no doubt have slugged the driver $5000 excess or something so they are way in front if you give up.
If the van is not hired your chances are not much better, he has probably already left the country, unless he is an honest citizen...hope for a christmas miracle.
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