It could take years for them to argue over who is liable.
You can decide effectively by just not claiming. I assume your thinking that if they find your at fault and take your NCB anyway, you may as well claim and get a proper insurance job, but it could take ages for them to resolve this, so waiting isnt usually a good idea.
If the damage isnt much more than excess, just get it done outside the insurance privately.
Thanks for all the help guys. Just to update the gentleman involved has seen the error of his ways, I got a quote from the local repair shop and he's paid me privately for the repairs to my car. Result.
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