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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice.
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My daughter was involved in an accident, the driver that drove

Customer Question

my daughter was involved in an accident, the driver that drove into her was driving a sorn, untaxed vehicle with no MOT. My daughter has been deemed by the police as driver A, at fauilt. This we are disputing. The driver without the MOT was spoken to by the police and was NOT prosecuted because it was not in the public interest to do so, the police have left it to the insurance companies to sort out, But, can you tell me, I thought driving without a MOT while sorn ect, made your insurance invalid, if this is the case how is my daughter at fault when this car shouldn't have been on the road, kind regards ***** *****
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Hello what did she do to be at fault?
Customer: replied 2 years ago.
she turned from a live road to a live road
Customer: replied 2 years ago.
she was turning right into a side road, the on coming vehicle was speeding and hit the back of my daughters estate car, he made no attempt to stop
Customer: replied 2 years ago.
are you there
Customer: replied 2 years ago.
sorry I am not understanding what is going on here I thought we were supposed to be having a chat, please do not charge me any more money
Customer: replied 2 years ago.
hallo JO. C, forgive me for being hasty but am I right that you are still working on my question?
Expert:  Jo C. replied 2 years ago.
Sorry, I lost my connection.Are you saying she pulled across a lane of traffic and hit somebody who was travelling ?
Customer: replied 2 years ago.
no she was hit as she turned right, my question was about the other driver not having MOT and driving while sorn does it make his insurance invalid and was he driving illegally
Customer: replied 2 years ago.
lost connection again?
Expert:  Jo C. replied 2 years ago.
No, it doesn't.He has obviously committed other offences and he may be prosecuted for those but it doesn't exculpate your daughter from her negligence.
Expert:  Jo C. replied 2 years ago.
Regardles of the lawfulness of his vehicle, the accident is still considered on it's own facts. The issue therein would be the manner of driving of either party not their entitlement to drive.
Expert:  Jo C. replied 2 years ago.
If you are saying she turned right across oncoming traffic then I'm afraid that clearly the fault does lie with her.Sorry but that is a reality.
Customer: replied 2 years ago.
thank you
Expert:  Jo C. replied 2 years ago.
No problem. All the best.