Mondeo - Incident Alighting Taxi

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Sat 15 Oct 2011 18:46
Mondeo - Incident Alighting Taxi - Bonus Miles

Travelling on company business I unusually took a taxi journey with a colleague (I normally take a bus to the client site and live in a quiet rural location so never take taxi's on a personal basis). To save money on the fare the taxi driver offered that he was going to stop just after a major and busy city centre junction for us to alight rather than continue to the quiet back road we had requested - but we'd need to be quick as we would be obstructing the road.

In my haste to pay, collect receipt and make sure I had everything it didn't occur to me to slide across the back seat and began to cautiously open the OSR door (I didn't exactly throw it open). There wasn't passing traffic, presumably the lights had just been changing, but I manged to just clip the door mirror of a passing car. No body work damage to the passing car, but a big dent in the Mondeo door.

The taxi driver is now looking to me to cover all of the repair costs and loss of earnings, which could be well over £1,000. I had assumed that this type of incident would be covered on his insurance and that I'm not legally liable for the repair costs?

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Sat 15 Oct 2011 23:26
Mondeo - Incident Alighting Taxi - Avant

"There wasn't passing traffic, presumably the lights had just been changing, but I managed to just clip the door mirror of a passing car."

Not quite sure from that sentence what was and wasn't passing.

In any case I think you have a right to check what's in the driver's insurance policy (he may be trying to protect his NCD): there must be extra exclusions (compared with a private policy) for taxi use but you need to know whether damage caused by a passenger is among them.

If it got as far as the small claims court, you might have a persuasive argument that the driver accepted the risk by stopping in a busy road when you had presumably been willing to finish the original journey to the back road.

Last thought - can the driver prove that the dent wasn't there before? Would a clip from a mirror cause the 'big dent' that you mention?

Don't accept liability unless you have to.

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Sun 16 Oct 2011 01:08
Mondeo - Incident Alighting Taxi - jamie745

Despite the Government doing their best to make people guilty until proven innocent, its not up to you to prove you're not liable, its up to Mr Cabbie and his greasy vultures to prove you are.

Edited by jamie745 on 16/10/2011 at 01:10

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Sun 16 Oct 2011 02:11
Mondeo - Incident Alighting Taxi - bathtub tom

I understand the driver's responsible for all passengers, they're the one with control of the vehicle.

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Sun 16 Oct 2011 06:52
Mondeo - Incident Alighting Taxi - torkielec

I was a private hire driver for 15 yr upto 2005, In that time i had a couple of similar incidents,

First of all it IS the drivers responsibility at ALL times to consider the passengers welfare this includes alighting whether it be in a safe area (car park) or as you stated on a busy junction.

Secondly it was HIS suggestion to drop you at that point so therefore he naturally should have made sure you're exit was clear and safe.

Because of huge increases in insurance costs (upto 300% in some parts of uk) he'll be trying to avoid the excess and it appears he's trying to make a few quid also, to the lamen he maybe justified HOWEVER i'm sure you have his registration or vehicle hire number? I suggest you find out which is his local authority licensing officer and approach them with this, I would love to guarantee they'd not only agree with what i've said but also that they would approach the driver and question his actions.

Good luck

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Sun 16 Oct 2011 08:58
Mondeo - Incident Alighting Taxi - Dwight Van Driver

It is an offence to open

"any door of a vehicle on a road so as to injure or endanger any person

and be liable to a fine of up to £1000.

Reg 105 MV Con and Use Regs 1986

Sect 43 Road Traffic Axct 1988

Schedule 2 Road Traffic Offenders Act 1988

dvd

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Sun 16 Oct 2011 15:03
Mondeo - Incident Alighting Taxi - jamie745

Yes but you wouldnt pay the taxi driver a fine of up to £1000 would you? This isnt Police saying he's endangered someone, its not a prosecution for endangering the other vehicle this is a taxi driver claiming the OP is liable for damage to his own car. Completely different topic DVD.

Edited by jamie745 on 16/10/2011 at 15:07

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Sun 16 Oct 2011 16:49
Mondeo - Incident Alighting Taxi - Dwight Van Driver

R But JAMIE

Any civil litigation will not look kindly on illegal actions by others?

dvd

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Mon 17 Oct 2011 13:45
Mondeo - Incident Alighting Taxi - Bonus Miles
Hi all,

Thank you for your posts which are all very helpful. To clarify a couple of minor points:

- I think the passing car was quite possibly the first car away from the junction after a change of lights. There wasn't traffic the window immediately prior to starting to open the door.
- The damage was definitely not there when we boarded the taxi
- Talking to the colleague I shared the taxi with, he recalls that we were both unsure about the location for alighting and that the driver had commented along the lines that we would need to be quick.
- Whilst there was damage to the passing vehicle (£51) there were no injuries. Presumably the quoted text goes on to say Injury to Persons or Damage to Property?

If the driver continues to press for monies then yes, great suggestion, I will request to see a copy of his insurance.

Thanks again.
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