i am writing on behalf of my dad, a taxi cut him up the other week in his car, there was no damage to either car except the slightest of scuff on my dad's bumper. they exchanged details, guy said he was on works insurance, dad went there the next day to take insurance details down and they said he was out working and had his own insurance. to cut a long story short, the taxi driver is now claiming he had whiplash etc (this happened in october) and has sent a no claim no fee claim letter! has anyone else had this experience? he is just about to fill in forms to prove his innocence

This happens a lot. Have you contacted your dads insurance company with the details?

Normally whiplash compensation claims would be made against the insurance company of the person driving the vehicle, your dad, and not him personally. Your dads insurance company would also require a full medical report from the Taxi drivers GP.

As with all personal injury compensation claims, the Taxi driver would need to prove your dad, was responsible for his whiplash injury. As the Taxi driver cut up your dad, he will not be able to claim anything if found to be driving without due care and attention. The Road Traffic Act 1988 creates two offences, Careless Driving and Inconsiderate Driving.

Your dads insurance company maybe able to follow this up for him if he has taken out the legal cover part of his insurance policy.

I have moved your post here for more help.

hi thanks, no he didn't contact his insurance as there was no damage but the smallest of scuffs to the bumper, there were no issues at the time either as there was no damage to either car, one more thing, on the letter my dad received it says the tax driver had 3rd party insurance is that right for a taxi driver?

There are basically 2 types of taxi insurance 'public hire', which is normally associated with black cabs, which permit clients to 'hail a cab' and be picked up anywhere, and 'private hire' which requires all journeys to be pre-arranged via a taxi booking office where you initially phone to make your booking, then the taxi office will arrange with their available drivers to collect you from your home or predetermined pick up point.

Taxi insurance is available in three levels:

Third party, third party fire & theft, and comprehensive.

Third party taxi insurance is the basic entry level and, whilst protecting his passengers, it does not cover the actual vehicle if it is stolen, catches fire, or he causes damage to it or it is involved in an accident. Only his passengers are protected, and his vehicle cost of repair or replacement will be down to him.

Third party fire & theft is the same with the added benefits of covering the vehicle for fire damage and for theft.

Comprehensive taxi insurance is the best and the most expensive, but it does mean the vehicle is covered for all accidents for damage repair and for replacement, no matter whose fault the accident was.

So yes he can operate with Third Party insurance.

can i just ask one more thing please, at the bottom of the letter it says our client is insured by . on a comprehensive basis but the claim will be dealt with on a third party basis, can you advise what that means please

Pass all correspondence to your insurance company, to deal with. That's what you're paying them for. Enclose a covering letter, explaining what has happened.

Personally, it sounds as though the taxi driver is trying it on. That is fraud!

Regards, Rooster.

yeah i know especially as he was at work the next day

Yes get the insurance company to sort it out missyc. He will have to supply a medical report to be able to file his claim, which i don't think he has.

thanks