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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice.
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A car hit my vehicle on a country road. He was going too

Resolved Question:

A car hit my vehicle on a country road. He was going too fast for the road conditions, judging by the skid marks on the road that he left. The main thing is he was driving with no MOT (it expired over 6 weeks previous). He cause £12,000 worth of damage. There were no 3rd party witnesses, but I have photographic evidence of the event. It is going through insurance, but I want to take separate litigation against him, mainly based on his lack of MOT (Police have this on file). Thank you for any initial advice.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

What are you hoping to achieve?

Customer: replied 1 year ago.
Hi, I want to pressurise his insurance company to accept full liability for the accident, by taking him directly to court. Is not having an MOT on your vehicle and subsequently being involved in a crash of any consideration?The situation was there are extensive skid trails on the road that I have photos of. He did not supply details at the scene. 2 days after the incident he obtained an MOT.
Expert:  Jo C. replied 1 year ago.

No.

The MOT is something that the police can act upon if they choose but it only carries a fine.

It is of no consequence from the insurance point of view. In fact, actually it is disadvantageous to you because they could argue they are not liable if he had no MOT and then you would have no solvent defendant to sue.

Your own insurance company should be dealing with this anyway.

Can I clarify anything for you?
Jo

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
no, thats good information. Many thanks