Car Accident With A Car With No MOT

St.Jimmy

Hi everyone,

I had my first ever car accident today. I do believe that I was at fault so I'm not here to ask about that. It was at low speed and the damage isn't huge, mainly a dent in my wheel arch and then scuffs down the side, mainly of the back passenger door, of the other persons car.

We swapped names, numbers, addresses, and wrote down each others registration plates. He said he would look at the damage better tomorrow in the day light and that he "has a friend who works in body repair" who will do him a quote.

However, since coming home I've checked his car on the gov.uk website and can see that whilst it is taxed until 1st April, his MOT expired 9th September 2017, so over 4 months ago. Am I right in thinking this makes his TAX and insurance invalid and he was therefore driving illegally? He couldn't say that he was driving to an MOT test centre as this was getting on for 8PM so they would be closed.

My car is taxed, MOT'd and insured correctly.

Any ideas where I stand on this? As I say the damage isn't that bad, it is just body work, mainly just scuffs. His car is a 2004 car worth about £600-£700.

I'm just worried that he's going to use "his friend" to try and give me a big quote for repairs and try and get me to pay it.

Thanks in advance for any help and advice

debtdebt

Lack of MOT has no bearing on your liability in an accident whatsoever. If the accident is your fault, you're still liable whether the third party should be on the road or not. You were the negligent one, not him. Stop trying to look for ways to escape to your legal liabilities. If it makes you feel better report his lack of MOT to the Police. Most he will likely get is a £100 fine.

Also, why is it that when someone on here hits a third party and it's their fault, the impact speed is always very low and the damage always looks minimal???

St.Jimmy

Hi

Not trying to get out of my legal liabilities at all. As I said, I believe I was at fault and don't dispute this. The impression I got from him is that he doesn't want to go through insurance and that he'll just get a cost for removing the scuffs and ask me to pay for it. If it isn't a ridiculous price I'm happy to do this, but if we do have to go through insurance then I wanted to find our if his cars lack of MOT would have any impact.

Also when I say low speed, I was moving off from 0, and was going about 2 mph, turning into a parking space, when he hit my car and he could have only been going about 20mph max. The damage is scuffs to his car and a dent in mine, happy to provide pictures if need be.

sevenhills

St.Jimmy wrote: »

Hi

Not trying to get out of my legal liabilities at all.

Nothing wrong with that, it might teach him a lesson.

Tell him you want to go through your insurance as you have seen he has no MOT and that he shouldn't have been on the road.

You could just offer him a small sum of money, if you wish, £100.

Bigphil1474

OP, he might be a dodgy geezer who has not MOT because he knows it would cost too much to get his banger through it, or not be dodgy and just forgot about the MOT altogether. Personally, when he contacts you, I'd mention that it looks like his MOT is out of date - if he is dodgy, he might be less likely to try his luck, and if not, you've done him a favour. I'd be surprised if he bothers too much over a 14 year old car, unless the damage makes the car unusable. I had an old banger a few years ago that had been hit about 3 times over 5 years by different drivers - I never bothered with getting the scratches and little dents sorted as it wasn't worth the hassle.

Shaka_Zulu

With the knowledge you have OP tell him you will pay him £100-£200 (you decide) if that isn't acceptable you will need to go through insurance.

That should be an end to the issue.

AndyMc.....

If you force him down the insurance route be prepared for the injury claim.

Aylesbury_Duck

St.Jimmy wrote: »

Also when I say low speed, I was moving off from 0, and was going about 2 mph, turning into a parking space, when he hit my car and he could have only been going about 20mph max.

Are you sure you're at fault? As you've described it here, it reads as if he hit you.

Anyway, I echo what others have suggested. Let him know that you know about his MoT status and that as a result, you're inclined to go through insurance. He'll probably walk away, not wanting the hassle of having to explain to his insurer why he has no MoT.

AnotherJoe

debtdebt wrote: »

Also, why is it that when someone on here hits a third party and it's their fault, the impact speed is always very low and the damage always looks minimal???

Because statistically most accidents are at low speed ?

marlot

I would check his car on askmid and see if it is insured.

Aretnap

As far as liability goes, any illegality on his part is only reelvant if it directly contributed to the accident. For example if you didn't see him because none of his lights were working that would impact on liability - but the lack of MOT is irrelevant because the lack of a pirece of paper can never cause an accident by itself.

It's the same deal if you drive into the back of someone at traffic lights and it turns out that he's drunk - he gets banned for drink driving, but you (or your insurer) still get the bill for the repairs.

Even if he's uninsured as well, he obviously won't be able to make a claim through his own insurer, but if he goes direct to yours he would still be entitled to a payout.

Of course he doesn't necessarily know that so if you don't like the repair quote you can always bluff him by saying "fair enough - take it through insurance". But only do that if you're willing to take the risk that he does take it to insurance.