Hi I am new

[daftmoo]

I have recently had a accident and have to produce my documents. I noticed my MOT which I thought was up for renewel in may ran out just under a month ago. It is a genuine mistake which I can't rectify because the guy who ran the red light and hit me managed to overturn my car and write it off. The Police at the scene did check both cars and were happy that they were roadworthy.
Am I right in thinking that my insurance will charge me for any services they have now provided for me and I will lose my cars value but they will pay anything found to be due to the 3rd party and that I can expect to be fined? How much doo doo am I in?

[Fire99]

Hi there,

Well i'm no expert but the lack of MOT is a fineable offence by the police. (no points as far as im aware). Regarding the accident, Insurance companies do try and get out of paying out claims but if the car was roadworthy in the eyes of the Police at the time you may be ok.
Also, am i right in saying it is the other guys fault as he hit your car?
If so it wont be your insurance company paying out which may help.

As far as i know the MOT issue would only be a problem if it was proved that a defect on your car caused the accident...

If you were honest with your insurance company and the police you 'should' be ok.

Obviously that is my guess and opinion and not fact.

Hope that helps a little,

cheers,

Nick

(oh and an expired MOT i think, so long as its not miles out of date is about £30 fine ish)

>> Edited by Fire99 on Wednesday 3rd May 16:26

[daftmoo]

Thanks for replying. The other guy is disputing what happened. I have got my own legal advice seperate from my insurance for that although I beleive it could just go 50/50??

I feel so stupid!!

[Fire99]

Its a tricky one. Hopefully there are some independant witnesses to back-up your story.

[daftmoo]

There is a witness but they are not keen on being involved.

Thanks again

[justinp1]

daftmoo said:

Thanks for replying. The other guy is disputing what happened. I have got my own legal advice seperate from my insurance for that although I beleive it could just go 50/50?? I feel so stupid!!

If the guy ran the red light and overturned your car I am guessing he his you side on. From what you have said, unless you want to post some more details it should be a 100% claim your way.

If this is the case then it will only be his insurance company paying out, thus it will not matter if your insurance was invalid.

However, I would strongly recommend fighting anything but a 100% claim as if it goes even 20% against you your insurance company may be looking for a way not to pay out and you would be lumbered with this proportion to pay. Please also note the motives of the insurance company. To them it matters not whether it is a part or whole claim as they wont pay out anyway. They therefore may be quick to advise and accept a pert claim, which the other side will no doubt offer.

Be on your guard.

[daftmoo]

Thanks again!! Yes he hit me side on, my personal solicitor, not assosiated with the insurance company takes your view re the accident. My own insurance company were dismissive of the facts and didn't seem that bothered that this person could have killed me and my child or about him denying liability and attempting to say I was at fault!

[moosepig]

sean5302 said:

I'd only expect a reduced pay-out since you might struggle to prove roadworthiness without a current MoT.

MOT doesn't prove roadworthiness other than at the specific time the MOT test was performed. It's just a legally required document.

[Wedgetarian]

As moosepig saya the MOT certificate only defines roadworthiness at the place/time the vehicle was tested.

Make some points to the Ins co.: -

1) The Police checked over the car and didn't find anything to show the car was unroadworthy.
2) The ins co are welcome to have a qualified engineer to check the car to find evidence of unroadworthiness.
3) The MOT cert is only a bit of paper required by the Police and you are willing to deal with them over the matter.

BUT

Your policy may require that you have a current MOT for the vehicle - you need to check this.

If you are convinced that you are not to blame, you don't have to prove your part - in a case where somebody rams you in the side he has to show that you were (part) to blame. Your claims insurance should be helping you over this.

Russ

[sean5302]

I believe the insurance company will try to weasel out of paying anything, other than the least they have to.
As soon as they find out you were driving an un-MoT'd car, I'd expect them to offer you the minimum settlement value.
They use Glass's guide, with adjustments for vehicle condition.
They owe you no loyalty. The other driver is their insured.
You may have to accept their offer and then sue the other driver for the balance between what his insurer paid you, and what you can prove your vehicle was worth.
Much case law in support of this practice.

[daftmoo]

Thanks everyone again More questions!!

So The worst that could happen re the mot is a fine and The worst that could happen re the insurance may be a reduced pay out?


I knew the car was ok as although female I do all the engine checks and tyre checks because my oh is not car minded.
I do hope your right about the person who hit me having to prove that I was the cause of the accident as I know I wasn't and goodness knows what they will do to the next person!!

If I want to get insured meanwhile on another vehicle do I have to wait until this is all sorted?