Car pulled out and hit ... no mot

Dj199781

Hi guys just looking for advice on where one stands with this one.
Basically driving down a road the type where cars are parked all the way up both sides so driving in the middle no cars coming the other way 
With about half a cars length to spare car pulls out from left across myself with no signal and had zero time to stop so struck the vehicle 
Proceeded to get out to assess damage ect and get pictures and details 
Third party arguing its my fault same the other way 
When it came to actually exchanging details names insurance ect they drove off.
Which makes me wonder if despite the no mot whether she is even insured to be driving the vehicle

Upon checking they have not had a valid mot for 19 months and their insurer specifically does not cover use when a valid mot is in force this detail is not up to debate as it is in the wording... I've logged it with the police and will do with my insurer as soon as they open.

My question is seeing as she drove off adamant that it was my fault how do you think this will play out with insurance if she decides to attempt to claim.
My car isn't worth enough to be worth claiming for so I won't bother but 100% am logging it.


I had a passenger sat next to me who witnessed the non signal and the other driver pulling out across my right of way.

Many thanks 

ontheroad1970

How do you know their insurance wouldn't cover them?  Have you seen their policy documents, the ones specific to them? Or are you making a very regularly held view that lack of MOT invalidates the insurance?

Any liability found on your part will still leave you liable.  So if it goes 50/50 then you will still have to pay part of the claim.

Dj199781

An exclusion as per their insurers policy wording
 or where your vehicle does not have a valid Department of Transport test certificate (MOT) if one is required by law; 

And as stated they pulled out without signalling
As I was going past giving no time to act positioning of damage shows as such

Was kind of asking on an insight as to how the insurers may deal with it given the leaving the scene no mot therefore no insurance plus bald tyres ect plenty of issues on the handling by third party as had pen and paper in my hand waiting on details so they fully consciously decided to leave the scene 

ontheroad1970

How do you know their individual policy wording without having seen their documents?  

How they and your insurers will deal with it will depend on liability.  If they are found 100% liable, then their insurers should pay out as third party cover is a legal minimum.  If you are found to be even 10% liable, then you will still have to pay that share.  

Dj199781

Their insurer excludes it as a general exclusion on all policies 
States it on their website 

Grumpy_chap

The insurer cannot exclude third party liability.

ontheroad1970

Dj199781 said:

Their insurer excludes it as a general exclusion on all policies 
States it on their website 

They might exclude it as a general exclusion, but that doesn't necessarily mean that it is specifically excluded in this case.  No matter, it will make no difference to whether you get paid out if he is found 100% liable, and will not save you from any liability if any were found against you.

Dj199781

In terms of liability surely on a road where I have right of way they shouldn't of entered the roadway without ensuring it was safe to do so and without signalling as this would give the warning needed to know their intentions?

Car_54

Dj199781 said:

Their insurer excludes it as a general exclusion on all policies 
States it on their website 

You said "When it came to actually exchanging details names insurance ect they drove off.", but now you know who the insuer is?

Anyway, have you reported them to the police for failing to give name & address? BTW they weren't obliged to give insurance details.

[Deleted User]

Dj199781 said:

In terms of liability surely on a road where I have right of way they shouldn't of entered the roadway without ensuring it was safe to do so and without signalling as this would give the warning needed to know their intentions?

Be mindful of the fact no-one has right of way on the UK roads, only that rules say when you should give way. If they went through a give way, you have a good argument on liability.

Dj199781

Legally they must give me name address ect only time they dont have to give insurance details is when there is no injuries... which there was and is why I was able to obtain insurer of vehicle from mib

And emerging from a parked position it is not down to me to make sure it is safe for them to pull out whilst not signalling and giving no warning I had about 3 meters to stop at 30