There can be no doubt that claims involving taxi drivers are on the increase. Our instructions show a year on year rise in such claims, which can involve the less salubrious end of the CHO market and, as such, present their own difficulties and challenges when investigating.
Look at the claimant’s previous accidents. What were the circumstances of previous accidents and who, if anyone, provided hire? Look for evidence of similar fact accidents and the use/existence of vehicles other than those that have been declared.
Are you satisfied that the claimant is the owner of the vehicle involved in the index accident? Undertake a DVLA check and request the V5 ownership document. If the claimant is not the registered keeper of the vehicle you need to check their entitlement to drive the vehicle. Was the claimant and/or driver insured to drive the vehicle at the time of the index accident? Was the level of cover sufficient for hire and reward? Is there a potential ex-turpi argument to be advanced?
Check ownership of the vehicle(s) hired and, where necessary, request sight of the cross-hire agreement. This can lead to a strong argument upon the applicable base rate of hire (see Abdi v Fletcher). Ensure that the hire vehicle(s) were correctly insured during the period of hire.
The following documentation should be requested:
Raise queries in the event that the licence for the hire vehicle(s) is not registered to the CHO.
Pursuant to Local Government (Miscellaneous Provisions) Act 1976, it is an offence not to report an accident. This is only a local authority offence but will assist with credibility arguments. In the event the TPV has been repaired, request sight of the re-inspection report.
Impecuniosity
General points
Take care, however, as this is not an argument that generally finds favour with the court.
A lot of these enquiries will lean heavily on the Local Authority which dealt with the claimant’s private hire licence. One should also seek to link the credit hire company involved to other claims as frequently it is the CHO that is the “enabler” in claims involving taxi drivers.
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