Car pulled out and hit ... no mot

The_Fat_Controller

@Dj199781, 30 mph down the middle of the road between two lines of parked cars ?
Hope you didn't tell that to the police, due care and attention.....

Dj199781

Well its the speed limit on a lit road so don't believe id have an issue there and the police don't deal with insurance which was what the question was about 

AdrianC

Dj199781 said:

Well its the speed limit on a lit road so don't believe id have an issue there

That doesn't always make it an appropriate speed...

The speed limit past my front gate is 60mph. On a single-track lane. If you tried to do that, you probably wouldn't get round the S-bends. If you did, you almost certainly wouldn't land before hitting the trees. An appropriate speed is nearer walking pace.

Dj199781

Well my issue is I had about a cars length to stop which even at 15 wouldn't have happend so not really here to argue about speed ect I was trying to get an idea of how the insurers would look at it as inevitablely its word against word and damage positioning ect

AdrianC

Yes, exactly. It's word against word.

He says you had plenty of time to stop but were going too fast.
You say he pulled out RIGHT in front.
No other witnesses. no dashcam...

One second at 30mph is 14 metres, three car lengths. HC braking distance is 14m.
One second at 20mph is 9 metres. HC braking distance is 6m.

If they really had started to pull out when you were just three metres away - just over a fifth of a second - you would have missed them or barely scuffed the side of your car on their bumper.

Car_54

Dj199781 said:

Well its the speed limit on a lit road so don't believe id have an issue there and the police don't deal with insurance which was what the question was about 

Highway Code Rule 125: "The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions. Driving at speeds too fast for the road and traffic conditions is dangerous"

Your question was indeed about insurance, and the answer is that the lack of MOT is irrelevant so far as any claim you make is concerned.

Dj199781

My question was about how the insurance will deal with the incident as a whole not just the mot that was just something I noted 
End of the day they pulled out abruptly my nearside hit their offside no airbags or anything just dents and cars are literally designed to do so 

Dj199781

Yup just checked my original question I didnt ask whether mot would have any bearing just what the insurers view may be to be honest no one wants to be of much genuine help or offer any real advice so thanks I'll just wait and see eh 
Travelling down an empty lit road someone's pulled out across my direction of travel and caused an accident from where they pulled out and where I was I don't believe even at 10mph I would of stopped 
And the angle they exited the space at and the cars on the other side prevented any swerve opportunity.

Dj199781

Unbiased views is what im here for not highway code quotes as the highway code also states that when entering a road you should not move until safe to do so while checking any necessary mirrors and or blind spot and signalling if required which other driver clearly did not do 

AdrianC

Dj199781 said:

My question was about how the insurance will deal with the incident as a whole not just the mot that was just something I noted 
End of the day they pulled out abruptly my nearside hit their offside no airbags or anything just dents and cars are literally designed to do so 

Yes, they are. But the severity of the dents gives a good clue as to likely speeds. Low-speed bingles do not leave big dents.

Dj199781 said:

Yup just checked my original question I didnt ask whether mot would have any bearing just what the insurers view may be

It's been answered.
Not your problem. The insurer cannot get out of their third party responsibilities - but they may hand the bill back to the policyholder.

to be honest no one wants to be of much genuine help or offer any real advice so thanks I'll just wait and see eh

It's been answered.
He said, she said. No other evidence. 50/50.

Travelling down an empty lit road someone's pulled out across my direction of travel and caused an accident from where they pulled out and where I was I don't believe even at 10mph I would of stopped 
And the angle they exited the space at and the cars on the other side prevented any swerve opportunity.

It's been answered.
If your speed - whilst inside the limit - was deemed excessive for the circumstances, and you could otherwise have stopped - then you are partially to blame, and that will be reflected in the way the claim is settled. If you hang yourself with your own evidence, by saying "It was 30 limit so I was doing 30, what's the problem?", then you will need all the luck you can get. If you hang yourself with your own evidence, by claiming that you couldn't possibly have reacted when the damage on the vehicles says otherwise, then you will also need it.

I'm sorry if the answers aren't what you want to hear. Life isn't like that. We could lie to you, but what use would that be?

Dj199781 said:

Unbiased views is what im here for not highway code quotes as the highway code also states that when entering a road you should not move until safe to do so while checking any necessary mirrors and or blind spot and signalling if required which other driver clearly did not do 

Another person making a mistake does not give you carte blanche to ignore the HC.
If both people are driving sensibly, then there will be no incident.
If one person is driving sensibly, then the vast majority of the time, there will be a close call not a collision.
If neither person is driving sensibly, then the risk of a collision increases massively.