Accident with a car without Road Tax

MaebyJade

Hi, I think I know where I stand o this one but I wanted some opinions from other people who may have had a similar issue.
I was driving home yesterday on a 2 lane A road when two sports cars (which seemed to be racing) passed me a excessive speeds. As they got in front of me, a metal panel detached from one of the cars and collided into my car, causing damage to the bumper and side panel. It seemed like the driver had noticed as he slowed down and initially looked like he was about to pull over, moved to the left hand lane. However, he didn't and continued and due to the speed he was going at no chance of me catching up with him. The incident was caught on my dashcam and the car was easy to identify as it was a Mclaren with a personal registration. Any, I reported the incident to the police and insurance company. The police have been really good to be fair, they called this morning with an update and confirmed that they will be sending letter to the owners of both cars, to provide driver details, for driving dangerously and failing to stop at the scene of an accident to Mclaren driver. 

Here's my question, when I search the number plate of the Mclaren from which the metal panel caused the damage to my car, it states that the road tax had expired on 1st March 2020. I was told by a friend that insurance on un-taxed cars is void and therefore I wouldn't be able to claim for repair costs against the other drivers insurance. Is this true and has anyone ever had any similar experiences? 

Thanks       

Grumpy_chap

The third party cover should remain in force.  If there is no insurance, you ( or your insurer) may be able to pursue a civil claim.

Beats me how someone can have a car like that and not paid VED.

How much is the damage to your car?  Does it warrant claim on your own insurance anyway?

TonyMMM

Having no road tax has no bearing on the validity of his insurance.

However - a piece coming off his car and damaging yours doesn't automatically make him liable - you have reported the details to your insurance company, so let them sort it out.

MinuteNoodles

MaebyJade said:

Here's my question, when I search the number plate of the Mclaren from which the metal panel caused the damage to my car, it states that the road tax had expired on 1st March 2020. I was told by a friend that insurance on un-taxed cars is void and therefore I wouldn't be able to claim for repair costs against the other drivers insurance. Is this true and has anyone ever had any similar experiences? 

It's utter rubbish. Even if it was supposed to have a MOT and didn't and even if the driver had been banned since taking out the policy or had been drink driving the third party insurance would still pay out. The law was altered quite a few years ago so that the third party's insurer would be required to pay out on a claim to the claimant just as if the policy holder was meeting all of the criteria. It would then be up to the insurance company to recover the costs of the payout from their policy holder. It was done precisely to prevent the scenario you describe where an insurance company could get out of paying out on a technicality which meant their client was in breach of their policy. The only person who'd not be able to claim against that policy if they were in breach of the terms is the policy holder themselves so they'd not be able to claim on the fully comp part to get their own vehicle repaired or replaced.

Back to the incident.. Did it actually come off their car or did they run over a bit of metal that was already on the road and their car flicked it up into yours? The last one I've seen happen many times with objects that've fallen off another vehicle minutes before, having panels come off a car I've never seen and I do 2000+ miles a week.

Car_54

TonyMMM said:

However - a piece coming off his car and damaging yours doesn't automatically make him liable - you have reported the details to your insurance company, so let them sort it out.

Not automatic, but ... if it really came off the car, then the driver is guilty of a criminal offence. Hard then for him to argue that he isn't at fault in a civil case.
Road Traffic Act 1988 section 40A, and/or The Road Vehicles (Construction and Use) Regulations 1986, section 100.

AdrianC

MaebyJade said:

I was told by a friend that insurance on un-taxed cars is void

Your friend is wrong.

MaebyJade

I would say the damage to my car is a few hundred pounds at least, probably require a new bumper and front side panel to be repainted. If it comes to claiming out of my insurance I'll probably just bare the cost as I'll have to pay the excess anyway and don't want my premium increasing. The panel definitely came off his car, the dashcam footage shows that, if came from the front and over the car so it didn't flick it up.Also the way it slowed down, moved to the left lane and the sped back up, as the driver noticed it. Will see what the insurance company come back with and take it from there.
Thanks 

AdrianC

Car_54 said:

TonyMMM said:

However - a piece coming off his car and damaging yours doesn't automatically make him liable - you have reported the details to your insurance company, so let them sort it out.

Not automatic, but ... if it really came off the car, then the driver is guilty of a criminal offence. Hard then for him to argue that he isn't at fault in a civil case.
Road Traffic Act 1988 section 40A, and/or The Road Vehicles (Construction and Use) Regulations 1986, section 100.

Which bit of those makes it "hard to argue he isn't at fault"?

RTA88 - https://www.legislation.gov.uk/ukpga/1988/52/section/40A

40A Using vehicle in dangerous condition etc.

A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—

(a)the condition of the motor vehicle or trailer, or of its accessories or equipment, or

(b)the purpose for which it is used, or

(c)the number of passengers carried by it, or the manner in which they are carried, or

(d)the weight, position or distribution of its load, or the manner in which it is secured,

is such that the use of the motor vehicle or trailer involves a danger of injury to any person

C&U86 - https://www.legislation.gov.uk/uksi/1986/1078/regulation/100/made

Maintenance and use of vehicle so as not to be a danger, etc

100.—(1) A motor vehicle, every trailer drawn thereby and all parts and accessories of such vehicle and trailer shall at all times be in such condition, and the number of passengers carried by such vehicle or trailer, the manner in which any passengers are carried in or on such vehicle or trailer, and the weight, distribution, packing and adjustment of the load of such vehicle or trailer shall at all times be such, that no danger is caused or is likely to be caused to any person in or on the vehicle or trailer or on a road.

Provided that the provisions of this regulation with regard to the number of passengers carried shall not apply to a vehicle to which the Public Service Vehicles (Carrying Capacity) Regulations 1984 apply.

(2) The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.

(3) No motor vehicle or trailer shall be used for any purpose for which it is so unsuitable as to cause or be likely to cause danger or nuisance to any person in or on the vehicle or trailer or on a road.

billy2shots

Could the McLaren be up for sale and was it out on a test drive with the  possibility oftof plates in the window hence not taxed. 

AdrianC

MinuteNoodles said:

Back to the incident.. Did it actually come off their car or did they run over a bit of metal that was already on the road and their car flicked it up into yours? The last one I've seen happen many times with objects that've fallen off another vehicle minutes before, having panels come off a car I've never seen and I do 2000+ miles a week.

If it was indeed a "piece of metal", it almost certainly didn't fall off a car with a carbon-fibre monocoque and composite panels.

Grumpy_chap

MinuteNoodles said:

Did it actually come off their car or did they run over a bit of metal that was already on the road and their car flicked it up into yours? The last one I've seen happen many times with objects that've fallen off another vehicle minutes before, having panels come off a car I've never seen and I do 2000+ miles a week.

Panels coming off a Mclaren is quite common; it seems that they are not that well put together.  Fortunately, Mclaren cars are not that common on the public highway.

MaebyJade said:

I would say the damage to my car is a few hundred pounds at least, probably require a new bumper and front side panel to be repainted. If it comes to claiming out of my insurance I'll probably just bare the cost as I'll have to pay the excess anyway and don't want my premium increasing. 

Will see what the insurance company come back with and take it from there.

Once you tell your insurance, that is a claim, so you will see your premium increase and might as well let them repair you car.