Insurance accident 3rd party taxi with no mot

[Micknik]

Hi there people after a little bit advice, so my wife had an accident friday which involved a taxi at a mini roundabout at the end of our street, the taxi driver was not from the area and signalled to indicate left went to make the turn allowing my wife to move out then changed his mind to go straight on resulting in him hitting our car. We have two independent witnesses to the accident but have been informed that the claim could still go against us with the taxi having the right of way at the roundabout, I've got Video footage of the taxi with his indicator still on to turn left from after the accident, the taxi drivers tyres were pretty much bald which I have pictures of and the MOT on his car expired last December although he is insured. I Just wanted to know if anyone else has been in a similar situation regarding the nature of the accident and tyres, mot etc and which way it worked out for you or where we stand on this? Your help will be be appreciated
Thanks..mick

[Pica-Pica]

Did you get the taxi licence number?

[Micknik]

Yes got it

[mmm-five]

We all make these assumptions every day, and mostly get away with it.

But don't forget the rule about waiting until it is clear before coming out of a junction...no matter what the indicators (or lack thereof) may seem to..errrr...indicate?

Highway Code said:

104
You should also:

• watch out for signals given by other road users and proceed only when you are satisfied that it is safe
• be aware that an indicator on another vehicle may not have been cancelled.

[No ideas for a name]

Micknik said:

.... but have been informed that the claim could still go against us with the taxi having the right of way at the roundabout

Outwardly, it doesn't seem like he did have 'right of way'.
Who arrived at the give way line first?
The normal confusion of giving way to the right to cars already on the roundabout can't really apply on a mini-roundabout.
Some seem to think it is fine to just 'blow through' as they are going 'straight-on'!

Sounds like just give all the data to your insurance company - but make sure they understand the situation fully.

[Micknik]

mmm-five said:

We all make these assumptions every day, and mostly get away with it.

But don't forget the rule about waiting until it is clear before coming out of a junction...no matter what the indicators (or lack thereof) may seem to..errrr...indicate?

Highway Code said:

104
You should also:

• watch out for signals given by other road users and proceed only when you are satisfied that it is safe
• be aware that an indicator on another vehicle may not have been cancelled.

He went to make the turn then changed his mind with indicator still going 🤷‍♂️

[mmm-five]

Micknik said:

He went to make the turn then changed his mind with indicator still going ?????

...and that's exactly why you're supposed to wait until your 100% sure...not 75%, 90%, 99% sure...so he'd be past and you'd not pull out into someone (or them into you).

But as I said, most of us will go if we're more than 50% 'sure'...and will get away with it.

However, the roadworthiness of the taxi may move the blame scale slightly towards the taxi, as legal tyres may have meant he would have stopped in time?

All you can do is put your opinion to your insurer, and then complain if you don't like the outcome - to the insurer initially until their final decision is provided, and then the ombudsman.

Edited by mmm-five on Sunday 24th July 12:23

[jondude]

No ideas for a name said:

Micknik said:

.... but have been informed that the claim could still go against us with the taxi having the right of way at the roundabout

Some seem to think it is fine to just 'blow through' as they are going 'straight-on'!

Indeed, I have been turning right and well out onto the mini-roundabout only to hear the car on my right speed up and hurl abuse as they think they can just blast through no matter what. I try to avoid turning right on mini roundabouts for that very reason,or will wait until things are very empty if I can.

Another growing problem is the 'I am in the biggest car, I go first' mentality, although that's fast becoming everywhere not just mini roundabouts.

[Ouroboros]

I was taught to watch the wheels turning before moving. The taxi could have just made a mistake.

[Ian Geary]

Ouroboros said:

I was taught to watch the wheels turning before moving. The taxi could have just made a mistake.

I say many examples of poor indicator usage. Most mistakes when driving don't have consequences.

Some do.

My view is that the mot status won't be considered as a factor by the insurance company when determining fault.

It will be down to the road positions and sequence of events.

By not making sure the vehicle had left the roundabout before pulling into its path, I wouldn't be surprised if this goes against the OP, or at best 50-50.

[Monkeylegend]

Micknik said:

Yes got it

If you know which area he is from you should contact his Licencing Authority and inform them of the accident and MOT situation. It used to be that all accidents should be reported to them as part of their licencing conditions, I would not imagine that has changed.

Some councils do have independent checks for roadworthiness and some require a 6 monthly or 12 monthly MOT, but if he is driving around without a valid MOT they would probably suspend his licence, assuming he has a council licence.

It would be worth checking if he is actually insured for hire and reward if you have his reg and insurance details, and know
who his local LA is, and if not I would report him to the police.

[HocusPocus]

Monkeylegend said:

Micknik said:

Yes got it

If you know which area he is from you should contact his Licencing Authority and inform them of the accident and MOT situation. It used to be that all accidents should be reported to them as part of their licencing conditions, I would not imagine that has changed.

Some councils do have independent checks for roadworthiness and some require a 6 monthly or 12 monthly MOT, but if he is driving around without a valid MOT they would probably suspend his licence, assuming he has a council licence.

It would be worth checking if he is actually insured for hire and reward if you have his reg and insurance details, and know
who his local LA is, and if not I would report him to the police.

Maybe. Roadworthiness or insurance details won't change who is at fault unless the defects caused the accident, ie passing the but for test.

[Monkeylegend]

HocusPocus said:

Monkeylegend said:

Micknik said:

Yes got it

If you know which area he is from you should contact his Licencing Authority and inform them of the accident and MOT situation. It used to be that all accidents should be reported to them as part of their licencing conditions, I would not imagine that has changed.

Some councils do have independent checks for roadworthiness and some require a 6 monthly or 12 monthly MOT, but if he is driving around without a valid MOT they would probably suspend his licence, assuming he has a council licence.

It would be worth checking if he is actually insured for hire and reward if you have his reg and insurance details, and know
who his local LA is, and if not I would report him to the police.

Maybe. Roadworthiness or insurance details won't change who is at fault unless the defects caused the accident, ie passing the but for test.

I was not commenting on who was at fault, just how to deal with a PH driver who could be driving around contrary to licencing requirements.

The LA would be interested to know about this and would take action to deal with it.

[Russ35]

Taxis/PHV don’t always need MOTs, they can have a Certificate of Compliance issued instead, depending on council. Here in Blackpool all taxis/phv have their pit tests done at a council maintenance yard x times a year and you get a COC.. nothing to stop you getting your own MOT done if you want, but you have to pass the council inspection.

I’m not sure how having an COC only would appear on on-line MOT checks.

Edited by Russ35 on Sunday 24th July 13:30

[Monkeylegend]

Some councils will also do the MOT at the same time as their own test.

My local LA did their own annual council test but also required the car to have an annual MOT in addition after 3 years.

The adjacent LA required all cars to have the council test and an MOT from new..

It's a minefield out there

[KingNothing]

Tell your wife the only thing a flashing indicator, actually indicates, is that the bulb is working, anything else wait for the manoeuvre.

[Micknik]

KingNothing said:

Tell your wife the only thing a flashing indicator, actually indicates, is that the bulb is working, anything else wait for the manoeuvre.

You must have missed the bit we're I said he went to make the manoeuvre then changed his mind

[Ouroboros]

Micknik said:

You must have missed the bit we're I said he went to make the manoeuvre then changed his mind

Give way to those already on a roundabout, the highway code says. A mini roundie probably needs more caution as well. Did she say Dashcam perchance?

[Micknik]

Ouroboros said:

Micknik said:

You must have missed the bit we're I said he went to make the manoeuvre then changed his mind

Give way to those already on a roundabout, the highway code says. A mini roundie probably needs more caution as well. Did she say Dashcam perchance?

No dash cam, i know lesson learnt, we do have 2 witnesses though with 1 being the person in his taxi and the other being directly behind him, did try and ask him if he had any footage but he didn't speak English and couldn't understand a word I said unfortunately

[Pica-Pica]

Ouroboros said:

I was taught to watch the wheels turning before moving. The taxi could have just made a mistake.

Agree. The front road wheel angles are a better indication of direction of travel than indicators, especially at roundabouts.