Accident while getting out of a Mini Cab...what are my rights?

[carlwrighteous]

Hi All

 

I have an unusual problem so i'm going to state all the facts:

 

I called a cab to pick me up from home to take me to my local tube station as i was running late for work.

The cab pulled up to a nearby set of traffic lights and was in a line of traffic waiting to turn right (it was a red light).

 

There are two small lanes on the approach to the traffic lights, one to turn left and one for right. the left lane was empty.

 

I asked the driver if I could get out there and cross the road to the station instead (I was in the rear passenger side seat).

He said yes and in fact that was more convenient for him.

I paid him and then opened the door to get out - I keep running this through my head and i definitely looked first and did not see anything coming - .

 

Just as I was about to step out I looked out of the open door and saw a car coming down the left lane at speed.

I leaned back in and tried to pull the door shut but was slightly too late and the other cars wing mirror hit the cabs door edge. He obviously didn't see me either.

 

The was no visible damage to the cab door. the was quite bad scratching to the other drivers mirror.

We all pulled over and got out.

The cab driver started swearing and looked at the damage to both cars and said 'I've got to get to another job, sort this out between you'

jumped in his car and drove away before anyone could stop him.

The other driver managed to get his license plate number.

 

I was completely confused about what was supposed to happen the other driver said 'I'm not bothered with you, you're a passenger' and started getting into his car.

I stopped him and said 'at least take my number' which he did and drove off.

 

I realised later that didn't have any details or pictures of the damage.

 

The cab driver has since got my number from the cab office and has said 'its your fault but I am willing to pay half the damage

and but I don't want this going through my insurance' he was a little arrogant about it saying that he thought he was being more than reasonable

to which I replied that I think I am too for being willing to pay the other half as I could have just walked away.

 

He then started threatening me with the small claims court.

 

So the situation stands at this.

 

I have no way of contacting the other driver and I imagine he will just go down the insurance route and there is nothing I can do about it.

The cab driver shouldn't have driven away.

 

Can the cab driver actually pursue a case against me?

 

Don't cab drivers have insurance for just this sort of thing?

 

Thoughts welcome please!

[postggj]

It is called Hire and Reward Insurance

 

It is so expensive that i can guarantee that the majority of mini cab drivers will not have it, unlike the black cabs in London.

 

You need to go to the cab office and formally request a copy of this drivers insurance certificate, if they fail to comply, you will need a police officer to formally request a copy.

 

I do not wish to be blunt by the accident was the drivers responsibility, he is in charge of the vehicle, not you, He needed to make sure the road was clear before allowing you to vacate the vehicle

[Raykay]

 

I do not wish to be blunt by the accident was the drivers responsibility, he is in charge of the vehicle, not you, He needed to make sure the road was clear before allowing you to vacate the vehicle

 

There is the offence of a person opening a door to danger (not necessarily the driver) - s105, Road Vehicles (Construction and Use) Regulations 1986, which may be what the mini cab driver is claiming.

[postggj]

But what if the door was opened in agreement with the driver?

 

Should the driver not have checked his mirror before saying "all clear"

 

But you are entitled to a copy of his insurance certificate and make sure it has Hire and Reward on it

[Raykay]

But what if the door was opened in agreement with the driver?

 

Should the driver not have checked his mirror before saying "all clear"

 

It is the responsibility of the person opening the door, they commit the offence regardless of what anyone else may say or do.

[carlwrighteous]

Hmmmm I am very unsure what to do here. Either way i have to wait and see if the other driver contacts either me or the cabs insurance company.

 

If i was in a friends car and the same thing happened wouldn't he still be liable as the owner of the car? Obviously if this was a friend i would have paid for it. also my friend would have stuck around and this whole problem would have been very simple.

[Ganymede]

It is called Hire and Reward Insurance

 

It is so expensive that i can guarantee that the majority of mini cab drivers will not have it, unlike the black cabs in London.

 

You need to go to the cab office and formally request a copy of this drivers insurance certificate, if they fail to comply, you will need a police officer to formally request a copy.

 

I do not wish to be blunt by the accident was the drivers responsibility, he is in charge of the vehicle, not you, He needed to make sure the road was clear before allowing you to vacate the vehicle

 

 

 

I disagree. The passenger, as an adult, should have known not to open the door without checking first.

 

@ the OP, I would just pay half and move on with your life.

 

 

 

Edit: On reflection I think that the taxi's insurance would just pay out in any event but really the OP should have been more careful.

[postggj]

What about paying half the excess??

 

Will that be applicable??

 

Either way, why is the cab driver reluctant to notify his insurance company, i thought it was a legal requirement to notify an accident, whoever is at fault

 

Considering this chap is a mini cab driver as well

[carlwrighteous]

I disagree. The passenger, as an adult, should have known not to open the door without checking first.

 

@ the OP, I would just pay half and move on with your life.

 

 

 

Edit: On reflection I think that the taxi's insurance would just pay out in any event but really the OP should have been more careful.

 

Thanks but as i said i did check first but obviously would have had a limited view. And i obviously had time to pull the door back to avoid much further damage so obviously saw him well in advance of him seeing me. but either way i was looking at the 'what is covered' section of the Hire and rewards insurance mentioned by squaddie above (Thanks @ Squaddie) and it states

 

'Any person (other than the person driving) being carried in, or getting in or out of, the insured vehicle or any person who causes an accident while they are travelling in, or getting in or out of, the insured vehicle'

 

Doesn't that mean me?

[Ganymede]

There is the offence of a person opening a door to danger (not necessarily the driver) - s105, Road Vehicles (Construction and Use) Regulations 1986, which may be what the mini cab driver is claiming.

 

 

 

Technically it is a criminal offence to open “any door of a vehicle on a road so as to injure or endanger any person” but a prosecution is rare.

[carlwrighteous]

Technically it is a criminal offence to open “any door of a vehicle on a road so as to injure or endanger any person” but a prosecution is rare.

 

ok, this this line of conversation just isn't useful. Plus i already said that i was happy to pay the half. The problem lies with where this situation will go, which is probably the insurance route - I have already mentioned the circumstance in that i have no way of contacting the driver- so back at the rest of the forum, If it does go down this route the cab driver will obviously escalate this to small claims as he will then factor in the damage which would have been minimal plus his premium cost etc and this will get very messy.

 

I just wanted to find out where i stand

 

Thanks for all the comments

[Ganymede]

ok, this this line of conversation just isn't useful.

 

 

 

Why is being advised that you committed a criminal offence not useful?

[postggj]

Why will the cab driver go through small claims??

 

If anybody does it then it will be the drivers insurance companies own claims management team

 

If you have this drivers insurance details, why do you not contact them and report the situation

 

Have you considered that the driver may have an insurance certificate, but has he been paying the premiums, that will explain the reluctance to use his own insurance company and wish to settle in cash

[carlwrighteous]

I do not have either drivers details. The cab driver took off straight away and the other driver took the cab drivers licence plate down, told me that he didn't care about me as he didn't think i was liable and only took my number when I insisted. He also seemed in a hurry and got in his car and drove off pretty much ignoring me. You can see why this was a confusing situation.

 

Things i do have:

 

Both drivers license plate numbers

The Cab Drivers telephone number and where he works. Thats it.

 

There is nothing I can do until the other driver either contacts me or contacts his insurance and, in turn, the cab driver

 

TBH i have considered that NEITHER of them have valid insurance... which would be handy:oops:.

 

I think from the comments this is not just a black and white case. I'll see what happens and update any progress. I'll also try and get the cab drivers insurance details.

[dacouc]

But what if the door was opened in agreement with the driver?

 

Should the driver not have checked his mirror before saying "all clear"

 

But you are entitled to a copy of his insurance certificate and make sure it has Hire and Reward on it

 

What difference does whether the Taxi have Hire and Reward cover have to the poster?

[postggj]

Legality to be using his vehicle to carry fare paying passengers for a start

[dacouc]

But it makes no difference to whether the third parties claim gets paid by the Insurers assuming the third party was not at fault

[postggj]

The driver is reluctant to make a claim through his insuresrs, you have to ask why? That is why you pay insurance.

 

The claim needs to go through the mini cab drivers insurance, if any liability or excess is payable, the insurance company will tell the poster what those liabilities are

 

Cash in hand mentality raises questions

 

Say the poster pays cash for the damage, then the driver makes a claim through his insurance and denies settlement has already been made

 

If the driver has no insurance, he should not even be on the road so no liability is payable then

[carlwrighteous]

@Squaddie I see what you mean. this makes a lot of sense. And i have just had the same advice from a friend of a friend who is a policeman.

 

He also said that the driver committed two offences. 1) allowing me to exit the cab on the road 2)failure to stop at the scene of an accident and he will have to admit both of these if he or the insurer take this further.

[postggj]

Agreed, you see why i think this smells of having no insurance, and wanting cash in hand

[Ganymede]

I imagine the cab driver does not want a claim on his insurance as it would push the annual cost of the premium up. Potentially beyond affordable levels putting him out of business?

[postggj]

The cost of hire and reward insurance for the Taxi trade is totally unfordable to the average person, that is why a cab will be running 24 hours a day. private hire drivers find it difficult to make a living, its different in counties outside London where drivers are registered through the council and are plated.

 

London is dodge city where mini cab drivers are concerned as they are not vetted the same as outside London or black cab plated drivers

[carlwrighteous]

The cost of hire and reward insurance for the Taxi trade is totally unfordable to the average person, that is why a cab will be running 24 hours a day. private hire drivers find it difficult to make a living, its different in counties outside London where drivers are registered through the council and are plated.

 

London is dodge city where mini cab drivers are concerned as they are not vetted the same as outside London or black cab plated drivers

 

Hence why i could find no information on this or even work out if there was a regulating body on .GOV...

[postggj]

The only regulation i believe is that all private hire cabs in London have to have the Transport for London sticker on the back windscreen, that's it i believe, no vetting, no Hckney MOT, CRB checks etc, nothing

 

BLACK CABS ARE DIFFERENT AND ARE FULLY VETTED

Edited June 10, 2013 by squaddie

[Migster]

The only regulation i believe is that all private hire cabs in London have to have the Transport for London sticker on the back windscreen, that's it i believe, no vetting, no hackney mot, CRB checks etc, nothing

 

BLACK CABS ARE DIFFERENT AND ARE FULLY VETED

It's not just a case of having a sticker in your window, you need to be licensed by TFL and the process includes an enhanced CRB check.

 

http://www.tfl.gov.uk/businessandpartners/taxisandprivatehire/26862.aspx