no mot and a crash!
Author
Discussion

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
I recently had a crash in my car, I was fullt insured but somehow I didn't realise my mot had expired! I have to show my documents to police in a week and dont know what to do. I want to join polise but fear this may have ruined that! If it invalidates my insurance will I have to pay for the guys car!? Im a student and have little savings : ( Any advice is really appreciated guys!

mcflurry

9,191 posts

283 months

Tuesday 13th March 2007
quotequote all
It's only a small non endorable fine for no MOT

I would be more worried about the insurance not playing ball with your claim...

R_U_LOCAL

2,708 posts

238 months

Tuesday 13th March 2007
quotequote all
There's no getting away from the fact that you've committed an offence, but don't panic too much just yet.

Take all your documents, including your expired MOT certificate, down to the Police station within the 7 days of the producer. That way, you'll avoid additional offences, such as failing to produce, no insurance etc.

If the test certificate is out of date, the Police officer or counter clerk will tell you that you're being reported for using the car with no test certificate. They'll then caution you in the normal way and ask you if you want to make any reply. Give them a one line reply to the effect that you're very sorry and it was an oversight on your part.

It could go one of two ways. If the MOT has only very recently run out, then some forces issue a caution for the offence, which means no further action. If it's been out for a while, or if your force doesn't offer the caution option, then you'll recieve a summons to court. No MOT on it's own is usually something you can plead guilty to by post, and you can include a letter of apology to the court, explaining why you overlooked the test and that it was a one-off. This will be read in court as mitigation, and I wouldn't expect them to be too harsh with you.

And a conviction for a minor motoring matter won't go against you when applying for the Police, as long as you're honest and you declare it.

splatspeed

7,491 posts

281 months

Tuesday 13th March 2007
quotequote all
insurance have to pay out for third party no matter how stupid you are

they may try to recover money from you and probably wont want to pay for your damages

all assuming it was your fault?????

no MOT they treat speeders harsher and no points for mot as far as i know

i assume this is a first offence thats why you are bricking it

welcome to the club and the brushes with the law wil continue

suprised police turned up how bad was it

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
Thanks guys! mot expired 10 days ago, Do you think insurance will refuse to pay then!? Any ideas what will happen in that case? I was going to try to pre booked appointment from a friend i know to say I was going to fix it next week(a bit dodgy) That way insurance might cover. What will happen if I cant pay? Will they definetely chech it(insurance comp)?

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
It was quite bad, It was my fault.

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
Do insurance have to pay even if i wasnt mot'd that makes insurance invalid! will they defo chech that?

vonhosen

40,597 posts

247 months

Tuesday 13th March 2007
quotequote all
Peanut 5 said:
Thanks guys! mot expired 10 days ago, Do you think insurance will refuse to pay then!? Any ideas what will happen in that case? I was going to try to pre booked appointment from a friend i know to say I was going to fix it next week(a bit dodgy) That way insurance might cover. What will happen if I cant pay? Will they definetely chech it(insurance comp)?


The insurance company can't avoid their liabilities in respect of a 3rd party.
If you are fully comp it can compromise any claim you make for your vehicle, particularly where a vehicle defect is alleged to be a contributory factor in the collision. (The insurance company can sue you for their losses, but I personally think that would be unlikely (but IANAL), unless as I say a vehicle defect was a contributory factor).

Not having the MOT doesn't mean your insurance is invalid either. The sort of thing that does is where you are engaged in an activity that they don't cover under any circumstances (i.e. you were using the vehicle for hire & reward whne they don't offer any hire & reward policy at all).



Edited by vonhosen on Tuesday 13th March 13:09

erijaso

505 posts

285 months

Tuesday 13th March 2007
quotequote all
Is you car a write off or repairable. If repairable, I won't worry too much since your insurers probably wont want sight of your MOT.

If you car is written off, without you MOT it may invalidate your insurers, check the small print, if not, they may reduce the offer for your car.

IMHO, disclose the facts straight away that you don't have an MOT and see what happens, not point worrying, what's done is done so face the music, you may be able to ride through it with no problems.

Good Luck

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
Thanks again. I called up an insurance comp who said that it would with their company. Im not worried about my car, thats tough luck, I just dont have the cash to pay for his. If I own up I might have to pay.

micky g

1,578 posts

265 months

Tuesday 13th March 2007
quotequote all
Generally, unless there was a defect on the car that contributed to the accident and that would have been picked up by the MOT, your insurance shouldn't be affected. The third party, as previously stated, would be covered by your insurance irrespective.

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
My cars a write off.

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
If thats the case then thats a load off my mind! Are you guys quite sure!? : (

10 Pence Short

32,880 posts

247 months

Tuesday 13th March 2007
quotequote all
I had a write off last year, the car was insured by Elephant. In their conditions, if the car had no MOT, then they were able to deduct 10% from the value of the payout.

vonhosen

40,597 posts

247 months

Tuesday 13th March 2007
quotequote all
10 Pence Short said:
I had a write off last year, the car was insured by Elephant. In their conditions, if the car had no MOT, then they were able to deduct 10% from the value of the payout.


For you, not the 3rd party though.

jith

2,752 posts

245 months

Tuesday 13th March 2007
quotequote all
R_U_LOCAL said:
There's no getting away from the fact that you've committed an offence, but don't panic too much just yet.

Take all your documents, including your expired MOT certificate, down to the Police station within the 7 days of the producer. That way, you'll avoid additional offences, such as failing to produce, no insurance etc.

If the test certificate is out of date, the Police officer or counter clerk will tell you that you're being reported for using the car with no test certificate. They'll then caution you in the normal way and ask you if you want to make any reply. Give them a one line reply to the effect that you're very sorry and it was an oversight on your part.

It could go one of two ways. If the MOT has only very recently run out, then some forces issue a caution for the offence, which means no further action. If it's been out for a while, or if your force doesn't offer the caution option, then you'll recieve a summons to court. No MOT on it's own is usually something you can plead guilty to by post, and you can include a letter of apology to the court, explaining why you overlooked the test and that it was a one-off. This will be read in court as mitigation, and I wouldn't expect them to be too harsh with you.

And a conviction for a minor motoring matter won't go against you when applying for the Police, as long as you're honest and you declare it.



Just to add to that and before you do anything; get to your local MOT station and see if the car will pass.
If it does you are going into the police station with a brand new MOT that demonstrates both your integrity and the desire to instantly correct your oversight and also the fact that the car was legally capable of passing the test.
Will go a long way with the police.

10 Pence Short

32,880 posts

247 months

Tuesday 13th March 2007
quotequote all
vonhosen said:
10 Pence Short said:
I had a write off last year, the car was insured by Elephant. In their conditions, if the car had no MOT, then they were able to deduct 10% from the value of the payout.


For you, not the 3rd party though.


Of course. Sadly my accident involved serious injuries to a third party, for which my insurance will hopefully provide a large payout.

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
It's written off! I would need 15 carrier bags to take it to the mot stn!

Peanut 5

Original Poster:

11 posts

235 months

Tuesday 13th March 2007
quotequote all
I just want to make sure my insurance will pay the guy! I am the 2nd driver on the car! I dnt know if that makes any difference.

Bing o

15,184 posts

249 months

Tuesday 13th March 2007
quotequote all
Peanut 5 said:
I want to join polise but fear this may have ruined that!


You should be fine with spelling like that....