hit by stolen car advice please
Comments
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straighttalker wrote: »The term "accident" doesn't feature in legal pleadings or insurance claims. I presume the driver of the stolen vehicle negligently collided with the OP's parked vehicle. If that vehicle is insured, the insurers of the stolen vehicle have a duty under the RTA to settle the OP's third party claim.
If it's uninsured, the MIB will settle.
Look at owing to the ptesence of a motor vehicle on an road.
The motor vehicle in this collision being the pursuing police vehicle.0 -
Look at owing to the ptesence of a motor vehicle on an road.
The motor vehicle in this collision being the pursuing police vehicle.
The Act says "owing to the presence of a mechanically propelled vehicle on a road, an accident occurs ".
Did the accident occur owing to the presence of the police vehicle pursuing the (alleged) miscreant, or owing to the (alleged) miscreant's driving? I'd guess the latter, and I'm pretty confident a court would agree.0 -
Look at owing to the ptesence of a motor vehicle on an road.
The motor vehicle in this collision being the pursuing police vehicle.
The police vehicle may be considered to be involved in the accident as far as s.170, Road Traffic Act 1988 is concerned, but the liability for the damage is a completely different matter. It was caused by the negligence of the driver being pursued by the police.0 -
The Act says "owing to the presence of a mechanically propelled vehicle on a road, an accident occurs ".
Did the accident occur owing to the presence of the police vehicle pursuing the (alleged) miscreant, or owing to the (alleged) miscreant's driving? I'd guess the latter, and I'm pretty confident a court would agree.
Ask yourself this question, without the police vehicle being present who did it fail to stop for and if there were no police vehicle would there have been a pursuit?0 -
Rover_Driver wrote: »The police vehicle may be considered to be involved in the accident as far as s.170, Road Traffic Act 1988 is concerned, but the liability for the damage is a completely different matter. It was caused by the negligence of the driver being pursued by the police.
Until you've seen the pursuit debrief you're just guessing.0 -
Until you've seen the pursuit debrief you're just guessing.
The damage would have been caused by the driver failing to take proper care in respect of his driving, the fact that he was being pursued by the police could be considerd to be a contributory factor, as may be any criminal proceedings by the police, for instance, driving without due care and attention.0 -
Rover_Driver wrote: »The damage would have been caused by the driver failing to take proper care in respect of his driving, the fact that he was being pursued by the police could be considerd to be a contributory factor, as may be any criminal proceedings by the police, for instance, driving without due care and attention.
So you've ruled out tactical contact immediately before the collision?
Well done, you're obviously an expert. Are you police or pursuit trained? No.
Until the full facts are known you're just guessing.
Another !!!!.0 -
I don't understand the point you're trying to make.
Are you trying to assert that the Police were negligent in pursuing the stolen vehicle and forcing it into collision with the OP's parked car?0 -
straighttalker wrote: »I don't understand the point you're trying to make.
Are you trying to assert that the Police were negligent in pursuing the stolen vehicle and forcing it into collision with the OP's parked car?
Why don't you google a road traffic collision.
If you're struggling post back and I'll help you.0 -
Yes a road traffic collision which occurred between the OP's parked vehicle and a stolen vehicle. The stolen vehicle was negligently driven into collision with the OP's vehicle. The claim should be directed to the insurers of the stolen vehicle or alternatively the MIB.0
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