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Help with 3rd party without MOT

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  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 19 June 2019 at 10:43AM
    Forgets the lack of an MOT and all this information you have discovered

    It's irrelevant to the issue

    Let the insurers resolve the issue of liability

    If you want to pursue the claim directly against the third party insurer then comply with their request for details

    Have you reported this to your own insurer?
  • ncfcfan
    ncfcfan Posts: 131 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Quentin wrote: »
    Forgets the lack of an MOT and all this information you have discovered

    It's irrelevant to the issue

    Let the insurers resolve the issue of liability

    If you want to pursue the claim directly against the third party insurer then comply with their request for details

    Have you reported this to your own insurer?

    There were no witnesses and no CCTV. I have no other evidence as to the liability of this collision. There's nothing else I can do regarding this, I've provided my insurers with all I can regarding the actual collision.

    All I have is that fact that his car could be un-roadworthy. I've told my insurers that he has no MOT, but I've not told them about the advisories/recall yet.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ncfcfan wrote: »
    There were no witnesses and no CCTV. I have no other evidence as to the liability of this collision. There's nothing else I can do regarding this, I've provided my insurers with all I can regarding the actual collision.

    All I have is that fact that his car could be un-roadworthy. I've told my insurers that he has no MOT, but I've not told them about the advisories/recall yet.

    No nit picking as accused by another thread, irrespective of the 3rd party vehicle status, could the incident be deemed as shared liability?
    (take away the bias).
  • ncfcfan
    ncfcfan Posts: 131 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    DUTR wrote: »
    No nit picking as accused by another thread, irrespective of the 3rd party vehicle status, could the incident be deemed as shared liability?
    (take away the bias).

    No chance.

    I was in the inside lane going straight over a roundabout (as per the road markings). I indicated to come off and the vehicle on my outside cut across me.

    There is damage to the front of my car, corroborating these events.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    ncfcfan wrote: »
    The 3rd party's vehicle passed it's last MOT with one advisory, a dodgy wiper blade. It was raining very heavily on the day of the collision.

    There is also an outstanding factory recall on the vehicle, I don't know what for.

    I might be clutching at straws a bit. But can I honestly use this information to my advantage?
    .

    Nope, nothing here will help you.

    The fact that the collision occurred on a roundabout is the reason why they are disputing liability. Dash cam would be very useful.

    It will either be 50/50 or if the balance of probabilities based on each account of events the insurers settle on 100% non fault.

    Good lucks, you will need all of them.
  • Car_54
    Car_54 Posts: 8,814 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    ncfcfan wrote: »
    No chance.

    I was in the inside lane going straight over a roundabout (as per the road markings). I indicated to come off and the vehicle on my outside cut across me.

    There is damage to the front of my car, corroborating these events.
    If I've understood you correctly, you were in lane 2 (right) and the TP in lane 1 (left). Is this correct?
  • ncfcfan
    ncfcfan Posts: 131 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Car_54 wrote: »
    If I've understood you correctly, you were in lane 2 (right) and the TP in lane 1 (left). Is this correct?

    Correct.

    However there were 3 lanes.

    1 going left only (1st exit) and two going straight over. There isn't a 3rd exit.
  • Quentin
    Quentin Posts: 40,405 Forumite
    ncfcfan wrote: »
    There were no witnesses and no CCTV. I have no other evidence as to the liability of this collision. There's nothing else I can do regarding this, I've provided my insurers with all I can regarding the actual collision.

    All I have is that fact that his car could be un-roadworthy. I've told my insurers that he has no MOT, but I've not told them about the advisories/recall yet.

    The road worthiness is irrelevant ( unless you are saying that this is why it collided with you!)

    Just leave it to the insurers to resolve
  • ncfcfan
    ncfcfan Posts: 131 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Quentin wrote: »
    The road worthiness is irrelevant ( unless you are saying that this is why it collided with you!)

    Just leave it to the insurers to resolve

    It could be why he collided with me.

    How can he prove otherwise without a valid MOT certificate?
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ncfcfan wrote: »
    It could be why he collided with me.

    How can he prove otherwise without a valid MOT certificate?

    Or....how can you prove that is the reason the collision occurred?
    These are the sort of questions that may be raised whilst the two parties debate whether shared liability is the final conclusion.
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