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Car Insurance claim without MOT

2

Comments

  • rs65
    rs65 Posts: 5,682 Forumite
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    I did too, I'm assuming from the OP that the car had no MOT at the time of the accident, therefore should not have been on the road as it has not been proved "road worthy".

    MOT does not prove it was roadworthy, only that it was roadworthy the day it was tested.
  • stator
    stator Posts: 7,441 Forumite
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    The police/CPS will try to prosecute you for no insurance if you don't have an MOT because they claim the insurance is not valid. However all insurance companies that I've seen that have been contact have stated that the insurance remains valid. I believe the magistrates side with the Police/CPS.
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  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
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    I did too, I'm assuming from the OP that the car had no MOT at the time of the accident, therefore should not have been on the road as it has not been proved "road worthy".

    A common misconception. A MOT does not guarantee a car will be roadworthy for any period of time especially not for 12 months. It's still the responsibility of the driver to do checks themselves on a regular basis. It's quite common for items to fail and the vehicle be in an unroadworthy state before the 12 month validity of the MOT expires. A car with a valid MOT and in an unroadworthy state should not be on the road. An insurer can refuse to pay out anything at all if they were to discover the driver knew of the fault and continued to drive and that is what led to the vehicle being written off.
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  • Quentin
    Quentin Posts: 40,405 Forumite
    stator wrote: »
    The police/CPS will try to prosecute you for no insurance if you don't have an MOT because they claim the insurance is not valid. However all insurance companies that I've seen that have been contact have stated that the insurance remains valid. I believe the magistrates side with the Police/CPS.
    Where have you seen this "belief"?


    It's just not true!


    You do not invalidate your insurance if you have no MOT.


    The mags cannot side with the police/cps on matters of fact!
  • savings_my_hobby
    savings_my_hobby Posts: 363 Forumite
    edited 14 June 2015 at 12:07PM
    rs65 wrote: »
    MOT does not prove it was roadworthy, only that it was roadworthy the day it was tested.

    true, but if you do not have MOT i'm sure the police will claim its not road worthy in the event of being pulled over.

    How else are you suppose to verify if your vehicle is road worthy?
    Short of being stopped by vosa every day assuming we are not mechanics.
    Are we suppose to take the car to a garage for daily/weekly checks?
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  • HappyMJ wrote: »
    A common misconception. A MOT does not guarantee a car will be roadworthy for any period of time especially not for 12 months. It's still the responsibility of the driver to do checks themselves on a regular basis. It's quite common for items to fail and the vehicle be in an unroadworthy state before the 12 month validity of the MOT expires. A car with a valid MOT and in an unroadworthy state should not be on the road. An insurer can refuse to pay out anything at all if they were to discover the driver knew of the fault and continued to drive and that is what led to the vehicle being written off.

    Very true, surely it is equally true that a technically road worthy car
    cannot be on the road legally without a valid MOT certificate? unless exempt. I thought the MOT certificate was a legal requirement.
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  • rs65
    rs65 Posts: 5,682 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    true, but if you do not have MOT i'm sure the police will claim its not road worthy in the event of being pulled over.
    Not they won't - they will claim it doesn't have a MOT
    How else are you suppose to verify if your vehicle is road worthy?
    You don't need to. MOT and usual checks on tyres, lights etc.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    stator wrote: »
    The police/CPS will try to prosecute you for no insurance if you don't have an MOT because they claim the insurance is not valid. However all insurance companies that I've seen that have been contact have stated that the insurance remains valid. I believe the magistrates side with the Police/CPS.

    I agree.

    Although here's one we helped with (I've seen others in a similar position).

    https://forums.moneysavingexpert.com/discussion/4374613
  • Aretnap
    Aretnap Posts: 5,720 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 June 2015 at 11:40PM
    Very true, surely it is equally true that a technically road worthy car
    cannot be on the road legally without a valid MOT certificate? unless exempt. I thought the MOT certificate was a legal requirement.
    It is indeed. That doesn't mean you can't make an insurance claim if your MOT has lapsed though. It's also a legal requirement that you look where you're going and generally don't drive into things. Breaching that requirement doesn't prevent you from making an insurance claim either - if it did there would be little point in having car insurance.
  • Aretnap wrote: »
    It is indeed. That doesn't mean you can't make an insurance claim if your MOT has lapsed though.

    That's amazing
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