private hire

[stationtone]

Hello

I was wondering if you could possible help in a argument i am having.Could you tell me if a private hire picks up without being pre booked would his insurance still be valid.My friend says that he would be covered by third party insurance.I say because he has committed a criminal offence then that would make his insurance void and therefore would be prosecuted for not having insurance.If you could help to solve this i would be most grateful .

[andy-hughes]

The PH cars in my city all have stickers on their back doors which say "Illegal if not pre-booked" which I guess pretty much answers your question.

The Private Hire Contract is just that - a contract involving pre-booking. Only a Hackney Carriage license holder is allowed to pick up a hailing passenger. In fact, the literal law states that HC cabs can only pick up when stationary, but all police forces turn a blind eye to this because in major cities like London, the traffic would gridlock instantly if the law was applied.

[BertiWooster]

'... In fact, the literal law states that HC cabs can only pick up when stationary but all police forces turn a blind eye ... '

Crikey - bit dangerous trying to get into a moving taxi , isn't it

[R1Geezer]

Insurance is never void because of other offences, if it was then every offence however minor would also be accompanied by one for no insurance. In reality it just gives the insurer the ammo to reduce/eliminate any payout. It also gives them ammo to pursue the policy holder. Eg if the PH having picked up illigally was to cause a crash. the insurer would probably pay out the third party then sue the PH driver for the money. He would not however be prosecuted for no insurance.

[woozer]

I dont know about all the legal jargon but I do know that if you are only insured for Private Hire then you are not covered by your insurer for picking up passengers unless pre booked. Your insurer is quite within their rights to avoid any claim for own damage as you would not have paid the premium they would charge for Hackney. Under the RTA they may then have to pick up the Third Party damage/Injury claim aspect but they can then expect you to repay them for their outlay.