Someone hit my parked car with lapsed MOT (by 5 days)

EvaLiq

Hello,
The last day for my car MOT was Monday 4 March 2013. Unfortunately my father had a accident whilst out and seriously injured his head the same day! So that day and the next day were in hospital casualty and the next few days were spent working from home and looking after my father and TBH I forgot about the MOT in the problems.

On the following Monday on 11 March I had to go into work and whilst away a vehicle hit my car which was parked outside my house and didnt leave the details.

Now I only found out about a week later that my car was damaged as I hadnt used it for the previous few weeks. So then I informed the insurance company and they had asked for a police ref no but i didnt have it at the time. A few days later while I was out, someone stopped by to tell someone who was at home that my car had been hit by a large company van (big company too).

To cut a long story short I phoned the police today and they want me to go inwith insurance, MOT and vehicle docs since they want to check that the vehicle was 'roadworthy' at the time even tho it was parked. Now the problem is with the MOT as outlined in the first paragraph.

A friend told me to basically just take the hit, sort out the MOT and pay for the damage and just not bother to go in with the docs. I can take the cost hit with a little difficulty but the police now unfortunately some details and they have been ringing twice already as they supposedly got a detail about the car wrong and want me to call them and call in with the docs!!

Currently the car is off street in a drive.

Can anyone please help or recommend with any advice with what to do with the police.

Thanks,
Evali

molerat

Take the docs in and tell the truth when they ask about the MOT, although you were committing an offence they will probably not do anything as the car was not being driven. For future reference you can get your car MOTd up to one month before it runs out so there is no real excuse

EvaLiq

Would they tell the insurance company? I had a browse around on the net and not having MOT is illegal and can invalidate the insurance even if parked on the road - so I'm worried if the police tell the insurance company which may cause me more grief.
Thanks.

Chopper_Read

EvaLiq wrote: »

Would they tell the insurance company? I had a browse around on the net and not having MOT is illegal and can invalidate the insurance even if parked on the road - so I'm worried if the police tell the insurance company which may cause me more grief.
Thanks.

It can't invalidate it. However if written off your car will be worth less.

Lum

The MOT vs insurance thing has been done to death on this board.

Many insurance companies have a clause stating no MOT = no insurance, but this is irrelevant as the ombudsman always overrule such clauses. Your car is insured.

Unfortunately keeping a car on the road with no MOT is an offence:

Pumbien_v_Vines wrote:

(1995) The Times June 14 Queen's Bench Divisional Court

A motor car parked on a road was being used on the road for the purposes of sections 47 and 143 of the Road Traffic Act 1988 even if it was totally immobilised and could only be moved by being dragged away, and, therefore, required both a valid MOT certificate and an insurance policy.

The Court so held in dismissing an appeal by way of case stated by Andee Pumbien against his conviction of offences of using a motor vehicle on a road without either a valid test certificate or insurance policy contrary to sections 47(1) and 143(1) of the 1988 act.

Typically dealt with by a fixed penalty of £60 with no points, annoying but not the end of the world.

Aretnap

Having, or not having, a current MOT certificate is not the same as being roadworthy, or unroadworthy. Even in your car was unroadworthy it would not affect your right to make a claim, because any defect with your car would not have caused the accident in question. At worst it would mean a reduced payout were the car to be written off, as a knackered car with no MOT is obviously worth less than one in good condition with a current MOT. See the Financial Ombudsman here

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html#13

No MOT is a minor offence. £60 fixed penalty and no points, though if it was only a few days out of date and not actually being driven the police are just a likely to tell you to be more careful next time.

Chopper_Read

Normally a £60 ticket but as there has been a collision it would have to be court.