Accident with a car without Road Tax

Hermione_Granger

AdrianC said:

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.

Are the exhaust and exhaust mounts made of carbon fibre?
Even though an awful lot of the car may well be carbon fibre and composite, there will still be a reasonable amount of metal (probably stainless steel, titanium) used in the construction.

Car_54

AdrianC said:

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.

Almost anything, let alone a body panel, falling off a moving vehicle means its condition "is such that the use of the motor vehicle or trailer involves a danger of injury to any person".
How would you argue that the driver of such a vehicle is not responsible for any consequent damage?

MaebyJade

Grumpy_chap said:

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.

Really? That's a very frustrating!     I would understand that stance if it was my fault but I literally couldn't do anything about it and the fact it would still impact my premium even if I pay for it seems rather unfair.   

AdrianC

Even if you don't tell your insurance, you should still be declaring it. 

The Meerkats are not unusual in asking...
"Have you had any motor accidents, claims or losses in the past 5 years, no matter who was at fault or if a claim was made?"
"It is really important to tell us about any claims (including unsettled claims), accidents or losses that are motor vehicle related."

So you have a choice... Declare it, or lie. Obviously, once you make a claim or involve the police, that lie becomes far more easy to detect.

Jumblebumble

MaebyJade said:

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       

Before you get too excited it can take a few days for the Tax Website to update and sometimes the translation to a private plate does not match.
Your friend has made up the facts.

ElephantBoy57

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.

I would be surprised if there was any change out of £1,000

macman

Grumpy_chap said:

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?

It's all too common: this one was uninsured
https://www.manchestereveningnews.co.uk/news/greater-manchester-news/owner-150k-bentley-parked-city-18547124

Highland76

Grumpy_chap said:

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.

Really? A few years ago i scuffed the bumper of another car when reversing out, very minor damage to both of our cars. I reported this to my insurance company but told them I would be paying for both damaged cars myself - they were ok with this (as was the other party who was a very reasonable chap) and my premiums didn't shoot up. 

arcon5

Its  not classed as a claim, its classed as an incident and declarable at renewal.... whether your premiums shoots up or not depends on many other factors.

May not be your fault but it may be your in an area with a lot of antisocial driving for example and the overall risk is increased.

Emmia

Sahir1234 said:

Hey guy, didn’t know how to make a separate thread.

i wanted to ask, my girlfriend bought a new car 2 months ago. She did the insurance and has got the new keepers slip. However she was told by the seller that the logbook will be sent and can drive the car as their is tax until November 2020. Due to new employment and covid she was not able to follow up with the seller with regards to sending the logbook. To our shock the logbook still has not been sent and now checking the DVLA website it says tax ended 31st July. She went to tax the car today on the DVLA website but it came up saying ‘unfortunately you cannot use this service as the v5c/2 reference number you have used is invalid.’ 

From reading couple of threads can she go to the post office and tax the car?

What should she do as she panicking that the car will be clamped and fines will be put in place as well as criminal records? Please help

https://www.gov.uk/government/news/vehicle-tax-changes

The rules were changed in 2014 - vehicle tax doesn't transfer now when the vehicle is sold or changes ownership - so your girlfriend should have purchased tax at the point of buying. I imagine the seller got a tax refund from DVLA when they sold the car (as they're supposed to) hence the expiry at the end of July, as tax is refunded in "whole months".

Given the car was seemingly bought from a bit of a shyster, are you sure it's not a write off, stolen, or has outstanding finance?