Car pulled out and hit ... no mot

Dj199781

My insurance company has advised they will not take any liability and its is fairly common they said 
The conditions were well lit and dry it could have been a nice big main road they still have cars parked on both sides in most of England and they way they pulled out and the notice I had was unreasonable 

Dj199781

The road was completely clear only way it would be avoided is if they didn't pull out or I didn't drive up that road

Dj199781

Also insurance wise for her to gain anything i would have to accept liability as her insurance will not pursue any legal/further action due to her policy being void at time of incident

chrisw

Hmm, I'm a bit more on the side of the OP. 

I agree the MOT bit is probably irrelevant but I wouldn't be too happy if somebody pulled out on me while I was driving along the road lawfully within the speed limit minding my own business. It's similar to someone emerging from a side road across the front of you, in which case, the speed of travel is pretty much irrelevant.

Dj199781

Thanks chris
My insurer has reassured me that they will not have any liability and said its unlikely they will even claim but in the event they try to their insurer would be unwilling to front any costs to prove otherwise due to the cover being void 
I appreciate everyone jumping on the speed bandwagon but i wasn't speeding and the road was well lit and dry just they decided to pull out without checking or being unable to due to the vehicle mirror being damaged maximum was 2 cars length warning and imo the damage location shows the speed at which the exited the space 

williamgriffin

Dj199781 said:

Also insurance wise for her to gain anything i would have to accept liability as her insurance will not pursue any legal/further action due to her policy being void at time of incident

You won't have to accept liability as you've authorised your insurance company to do so on your behalf. 

How do you know her policy is void? Even if she has no insurance she can still claim from yours.

Dj199781

If she's uninsured then any legals ect would be at her own cost 
I know who her insurer is and it states in the event of vehicle being driven without mot it is void with no exeptions 
 
My insurer stated to me this morning they will not be doing so 

ontheroad1970

Your insurer has likely not seen the other side of the story yet.  I wouldn't count your chickens.  

You say you would have seen say a child, cat or a dog, yet you couldn't see a car emerging?  I struggle to believe that.  If it goes 50/50 and they claim for any injuries, you do realise that your insurance will be the ones paying your share of that, don't you?

I wouldn't ever be driving at 30mph down such a road, nor would any other careful and competent driver.  

Dj199781

A car that has made no effort to make its intentions known then pulled out without leaving me any room I definitely saw the car emerging and braked but they left me no room 
The police were on scene anyway and no injuries on their part plus she drove away without fulfilling her obligations and dont give that bs saying no one ever goes the speed limit blah blah blah would never happen to you ect ect lol

NottinghamKnight

Dj199781 said:

A car that has made no effort to make its intentions known then pulled out without leaving me any room I definitely saw the car emerging and braked but they left me no room 
The police were on scene anyway and no injuries on their part plus she drove away without fulfilling her obligations and dont give that bs saying no one ever goes the speed limit blah blah blah would never happen to you ect ect lol

You haven't made mention of the police before, if she left the scene without fulfilling her obligations then the police would arrest her wouldn't they?
If you detailed the location people could comment, and I could ensure I avoided that area at least.