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RTA with third party having no Mot.
I was involved in a collision with a driver who had no MOT. I know It does not stop you from having insurance, tax or driving, but I understand that no MOT is an offence. Liabilty is still on going because of evidence and witness statements. I believe that the third party was overtaking a single lane of stationary traffic to get through some traffic lights when he hit the side of my vehicle. The question I am asking because of time,
Do I wait for the Liability or do I need to look at criminal injuries and loss of earnings.
I was leaving a car park and traffic stopped to let me out as the lights where on red, because of the accident, I required an operation which left me unable to walk for six months and unable to work for 18 months.
I also looked up the vehicle Mot history and found it had previously failed for tyre depth and brake discs being worn.
Thanks for any advise.
Do I wait for the Liability or do I need to look at criminal injuries and loss of earnings.
I was leaving a car park and traffic stopped to let me out as the lights where on red, because of the accident, I required an operation which left me unable to walk for six months and unable to work for 18 months.
I also looked up the vehicle Mot history and found it had previously failed for tyre depth and brake discs being worn.
Thanks for any advise.
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Replies
Criminal injuries compensation is for where you can't get the other party (or their insurers) to pay up. Loss of earnings is a legitimate part of your claim.
While having no MOT is indeed a criminal offence, it wasn't the cause of the collision.
The insurers seem to be dragging their feet and criminal injuries seems clear cut.
Apart from that, the purpose of the criminal injuries compensation scheme is to compensate "people who have been physically or mentally injured because they were the victim of a violent crime in England, Scotland or Wales.
You have not, by any stretch of the imagination, been the victim of violent crime.
"Sounds like the traffic stopped and you pulled out from the nearside across the traffic to cross onto lane going in the other direction and as you emerged between the cars there was another going in the same direction as the stopped traffic going down the outside which ran into you. If that is the case, you may have a battle on your hands.
Has this been dragged out over 18 months since the accident?
Why have you delayed getting a personal injuries lawyer in your corner? Do you know that the limitation period for an injury claim is three years?
Doesn't your own motor insurance provide some sort of legal cover to assist you in suing a third party for personal injury?
If not, I'd suggest you find a NWNF firm specialising in personal injury pronto. Time is ticking and evidence might be getting lost...