My mate had a car crash where the fault was the other parties (he has witnesses) but the other driver may dispute this. However it now transpires that his MOT is expired as he booked it in for a service at the local dealers a week before it was due but they just serviced the car and didn't do the MOT --they even forgot to stamp his logbook but he does have the invoice from them He just presumed that they had done it and din't realise until the accident required him to produce documents at the police station by which time the MOT was a month expired.
The car is probably a total loss which would mean he would ask him for some documents including theMOT certificate
The car was perfectly roadworthy ( 4 yrs old) and well maintained.
How will this affect his claim and insurance?
Also what will happen with the police situation?
could do with some fast advice, only got till monday to talk to them
2006-11-24 07:45:00 · 22 answers · asked by paul b 1 in Cars & Transportation ➔ Insurance & Registration
Nothing you can do now - I dont think insurance will pay out and it'll be a few points on your license from the police xx
2006-11-24 07:49:04 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Police should ask to examine the car. If it has no faults that could have caused the accident then he may be liable for driving the car without a valid MOt which may cost them 3 points, but the insurance cannot claim the vehicle was not roadworthy simply because the MOT certificate was not valid. If it is deemed safe by the police then the insurance is valid. A car can fail an MOT as soon as it leaves the MOT test centre, as long as it passes on that 1 moment it's legal. If the police test centre examine it and say the lack of an MOT had no contribution to the accident it's still covered.
2006-11-24 10:25:20 · answer #2 · answered by Bealzebub 4 · 1⤊ 0⤋
Anyone suggesting a backdated mot has not kept up with current draconian methods now used by the dvla for mot testing. I am telling you that there is no chance whatsoever of having an mot backdated by as little as 5 minutes. Testing stations do not forget to do mot's, the reason being they are only allowed 1 test per hour and they have to log on and record the vehicle details or forfeit the test period, which means a lost test and another hours wait until the next test. With regards to the insurance claim forget it, whoevers fault it was your to blame for being on a public highway with no current mot cert', if your very lucky you may be able to persuade the other driver not to make a claim from the insurance company thus saving some no claims bonus. As for the police prosecution, it will probably happen because it involved an accident. Just put it down to experience and take it manfully, oh and don't try to lay the blame on the garage it will not wash with the police they hear it several times a week. Sorry but the facts speak for themselves.
2006-11-24 09:18:47 · answer #3 · answered by wisernow 3 · 1⤊ 0⤋
hi,
most of what i can add has already been said but you do have a few options that you could try. Firstly, your pal should not have used his car on the road without a valid MOT certificate but on VOSA documents (VT30) they do state that you can drive your vehicle to an MOT station for the test and also to a place of repair providing it has been pre-booked. You also have the right to drive your vehicle home providing it has been in for an MOT or a place of repair. On a point of law, not having a current MOT certificate is a non endorsable offence but you will be fined or a fixed penalty issued. So on to the main part of this reply, if you were on your way home from the mot station or your pals garage after some repairs were made to your vehicle then you have a reasonable excuse to be on the road ( Police situation )
For your pals sake, I hope the other driver admits liability for the accident and you are not required to produce your mot.
GOOD LUCK
2006-11-24 09:30:43 · answer #4 · answered by Anonymous · 1⤊ 0⤋
When you insure your car, you undertake an agreement to keep th car in a roadworthy state, ie mot it. Because the car is not mot,d the insurer could claim that the car was not roadworthy but they will also have to prove that this unroadworthiness caused the accident. I dont think that it will be too much of an issue providing of course that there was nothing wrong with the car. You may find that they will try to haggle the price of repairing or write off claim down.Good luck.
2016-05-22 22:51:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Facts. The vehicle did not have an MOT which can make the insurance invalid. At the Police Station, he will probable be reported for no MOT, but it just a caution. The ins. company will get a report from the police and see there was no MOT.
The only way out is for the garage to give him an MOT, but I doubt it.
Whether the Ins. company pays out is up to them, but they always look for a get out clause, so things do not look good, but I think you know that. Sad story, similar things happen all the time though.
2006-11-24 07:53:54 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Oh dear, how sad, never mind, your mate is about to get a very large bill for any and all of the damage that occured as his car was unroadworthy owing to not having a current MOT certificate. He may also be charged with driving said vehicle and obtain a conviction which I hope is both expensive and painful.
A pathetic excuse for having no MOT. Complete bollocks.
It also seems that 'your mate' has changed into 'you' by the end of the question. You're a pathological liar.
2006-11-24 10:00:48 · answer #7 · answered by Phish 5 · 1⤊ 0⤋
Your friend wouldn't happen to be yourself? It wouldn't supprise me if it is you. Looking through your question and your words, I feel that you made the boo boo and is trying to put the no mot blame on the garage, was it booked in for an mot as well as a service? if so and u r tellin the truth then it should be in their diary, if not you or ur so called friend will lose the car 4 starters As insurance companies do anything to stop paying out.
Hope ur genuine, and if so u may get help if you can prove it was sent in 4 mot and that u 4got.
2006-11-24 08:01:55 · answer #8 · answered by DIAMOND_GEEZER_56 4 · 1⤊ 0⤋
sounds like he is trying to "bull" his way out of it! the dealer would have a record of what it was booked in for and so would be able to confirm or deny his story but it does not change the fact that he was driving without a valid mot and is responsible for the offence. the insurers would say that as he was driving without mot he was not insured!
be honest with the insurance company, they might accept the oversight! the police will only "do" the driver for the lack of mot. points + fine.
2006-11-24 08:04:49 · answer #9 · answered by Anonymous · 1⤊ 0⤋
This could be a big problem. Insurance Co's will do anything to avoid payouts. They love to take our money but don't like paying out. They will probably see no MOT as an easy get out.
The cops might charge him 4 driving with no MOT
Sorry its not better news. You may have some kinda claim against the garage tho.
2006-11-24 07:54:36 · answer #10 · answered by Vinny 3 · 1⤊ 0⤋
My car was a right off after an accident, and my insurance wanted back the mot certificate, insurance certificate and the tax disc and documents V5 I think to say the car was to be scrapped. This was beginning of November, and they would'nt pay me out until they got everything. Good Luck
2006-11-24 08:00:50 · answer #11 · answered by Jeanette 7 · 1⤊ 0⤋