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Car accident , no tax or mot !,


rec-baller
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My m.i.l has just been involved in a car accident tonight , she was driving along a main road when another driver pulled out of a side street in front of her and collided with her car ,

My m.i.l,s car is a vauxhall astra 2000 model ,, it has damage to the drivers side wheel , wheel arch , sill and a lot of damage to the door ,

The other car is a 2007 BMW , and the front number on the near side looks quite mangled, the police didn't attend , when we ( my wife & I ) got to the scene everybody was blaming everybody else , we got everyone calmed down , made sure nobody was hurt , then got them to exchange details , we have informed her insurance company as soon as we got home

I have found out since that the BMW has no mot, it ran out in June 2015 and no tax , ran out 1dec 2015 , we now don't know if she,s insured !!

Any legal people on here know how my m.i.l stands please

Regards

Shaun

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Dont want to put a downer on this shaun but when my sister was learning to drive, she went round a parked car, in a 30 doing 30. Young lad came the other way, head on collision, luckily all were ok, including my dad wo was sat in pass seat.. The police attended and worked out from the 11's he left that he was doing over 70mph... But it wasnt his car, so no insurance. Most would say straight up 100% his fault.. But... My sister was on the wrong side of the road so it went 50/50. As he had no insurance it ended up my sister had to do 100% claim on her car. Its a messy situation to be in, just dont back down. If they pulled out of a side road they are at fault. Not your m.i.l

 

Adam

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ISTR something to the effect of insurance companies have a fund to cover damage caused by uninsured driver

 

because compulsory insurance gives them guaranteed buisiness they have had to set up the Motor Insurance Bureau to cover uninsured third party claims

 

https://www.mib.org.uk/media/216242/your-guide-to-making-an-mib-claim.pdf

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Cheers , shoes she is insured with ensure, don't know how m.I.L stands tho with the other driver having no tax or mot, we've just come home past the scene of the accident and the BMW iris parked up at ghe side of the road ,

It won't effect your third party claim against her, her insurance will still pay your mil out and anyother 3rd party claim as long as it's not their fault. But they may not pay the BMW drivers own claim if she was fully comp for instance.

Edited by timps
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Your m.I.L insurers will cover the cost of her repairs if she has fully comp insurance . If claims on her insurance it could effect her no claims bonus on renewal . She needs to report the accident to the police within 24 hours . I would inform the police that she has no tax or mot . I had a similer knock a few years back with an uninsured driver and my insurer was making a big thing about them not being insured and said that it could a long time to sort out . I just told my insurer that if that was the case I wanted to claim my damages on my own insurance . This they accepted and my car was repaired promptly .

 

Harnser

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Sounds as if there is little chance they are insured!!

 

Your MIL's car is a definite write off; Being the value of the car is quite low, other than reporting to the police, she is better off selling the car for scrap and leaving her own insurance out of it.

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Get the police involved at earliest possible stage. Shouldve been called to scene of accident - i know that seems/feels like an unwanted hassle at the time but it really is the best.

 

The other driver will probably have no insurance... and even if they do - their car is not taxed, or MOT'd which means it was illegaly on the road. BMW will be scrapped regardless the outcome. M.i L car may be scrapped - it is 15yr old afterall - but her own insurance will cover costs untill other driver goes through court...

 

A long time ago i had an accident, with an already crashed (on its roof) drink drivers car... he already wrote his car off, then i wrote mine off 'finding' his car. After 8 months and alot of argument it went to court and it was my insurance covered the accident, in full!! Other driver was sentanced for drink driving though. How that works, i really have no idea.

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Always allways allways say you are injured otherwise the police will NOT attend, some idiot ran into me a few years back, he was going like the clappers towards me , I stopped he was still hammering down this country lane in full view off me, I actually had time to put it back in gear take the handbrake off and move the car up the bank before muppet hit me, he was a young lad appollogised said he was going to fast I called the police as my car was a write off they said are you injured I said no we were both ok, they said they only attend accidents where there is an injured person, and to contact my insurance company who said it will go knock for knock, I said no the muppet hit me, then SF brains solicitor said they are claiming against me for whip lash and loss of earnings !

 

The moral of this story is allways say your injured

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I realise it is a bit late now, but it may help others. At the time of the collision and BEFORE any vehicles are moved, unstick your mobile off your nose and use the camera bit to photograph EVERYTHING. All vehicles and where they finished up (from every angle), all of the damage AND the registration number of the other vehicle/s involved. NEVER admit liability, try and record (phone again) any other persons admitting liability. Try and photograph the other drivers involved and which vehicle they were driving (it is not uncommon to deny they were driving, at a later date). Always keep a pen and a small notebook in a door pocket or the glove box and do not use it for anything else, just leave it there. (my notebook is 45 + years old and has been in every car I have ever owned.). Make a small sketch of the scene and the positions of vehicles including their direction of travel. Use a couple of pages of the notebook to furnish other drivers involved with your contact details, registration number and Insurers details. It may help to write in the back of the notebook all of the things you NEED to remember after a collision, it is probable that you will be in a state of shock and you will forget things. Should you be unfortunate enough to be injured, then the Police attending should be able to give you all of the above information, at a later date. With regards to the O.P. by all means report the matter to the Police but it would appear that if there are no injuries, they are not interested. Good Luck with the claim and I hope the 3rd party was insured.

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I realise it is a bit late now, but it may help others. At the time of the collision and BEFORE any vehicles are moved, unstick your mobile off your nose and use the camera bit to photograph EVERYTHING. All vehicles and where they finished up (from every angle), all of the damage AND the registration number of the other vehicle/s involved. NEVER admit liability, try and record (phone again) any other persons admitting liability. Try and photograph the other drivers involved and which vehicle they were driving (it is not uncommon to deny they were driving, at a later date). Always keep a pen and a small notebook in a door pocket or the glove box and do not use it for anything else, just leave it there. (my notebook is 45 + years old and has been in every car I have ever owned.). Make a small sketch of the scene and the positions of vehicles including their direction of travel. Use a couple of pages of the notebook to furnish other drivers involved with your contact details, registration number and Insurers details. It may help to write in the back of the notebook all of the things you NEED to remember after a collision, it is probable that you will be in a state of shock and you will forget things. Should you be unfortunate enough to be injured, then the Police attending should be able to give you all of the above information, at a later date. With regards to the O.P. by all means report the matter to the Police but it would appear that if there are no injuries, they are not interested. Good Luck with the claim and I hope the 3rd party was insured.

Excellent advice.

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Get the police to the scene as soon as an accident happens, even if they admit liability at the scene they can change their mind once they think about it unless the police are there, you can write anything you want at the scene but surely it must be witnessed by someone independent who seen everything, my wife was in a crash a few years ago the man drove off, she got his reg number etc reported it to the police, took the police 3 month to follow up, when the police contacted the owner and told her they were coming to take paint samples the car was stolen and burnt out the day before, when the case went to court it turned out the car belonged to the mans wife, by this time the wife was fleeing violence so they couldn't chase him because there was to be no contact between the 2 and because it happened so long before police followed it up the woman could not say who was driving at the time so the case was thrown out, turns out the woman was a clerk for the court and she knew exactly how to play it, so my advice is to anyone is doesn't matter how minor get the police at the scene even if you have to say your injured, though they prob won't have time to respond because they are so under resourced, even though as we found out today they have time to do there xmas shopping in Smyths toy shop, in uniform but thats a different matter

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bmw driver insurance is void for no mot or road tax thats if they have insurance by the sounds of it i doubt it if they cant be bothered to pay mot fee n road tax that can be paid monthly

its a matter for police and your insurance company to make a legal case to sue for the money back

Not true, Bmw insurance is still liable to the third party. although they could sue the Bmw policy holder for the return of any money paid out,

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