Unknown expired MOT & Accident which wasnt my fault

paris1401

Hello,


The other day a car drove into our car as it was park outside our house, the lady said a bottle got stuck under her break so she just drove into the side of our car, thus making it un-driveable as we cannot open to driver door and its dented in, I think it might be wrote off looking at the damage but I'm not a mechanic so who knows, anyway! we got sent a hire car from the ladies insurance but they are now saying they are taking it back from us as our MOT expired 1 month ago.. we only bought the car in july from a garage so didn't even think to check this soon if it needed MOT'd again, Are we screwed? or is there anywhere we can argue? we need the car for work and taking kids to school and picking up and generally just having a car!

foxy-stoat

Not having an MOT doesnt mean you are screwed - they may knock the value but wait until they make an offe - have they inspected it yet?

As for car hire - you can always hire one yourself and charge them the hire costs.

Or go through your insurers with the claim, but they may well pick up on the lack of MOT.

Browntoa

Afraid mot is your responsibility

You should have been given a copy of it when you purchased the car

foxy-stoat

Browntoa wrote: »

Afraid mot is your responsibility

You should have been given a copy of it when you purchased the car

Or looked online - which is what should happen before buying any secondhand car to check the MOT history.

AdrianC

They've taken the hire car away simply because you haven't lost the use of a road-legal car. If and when it's written off, the lack of MOT may well affect the pre-collision value - after all, would you pay the same for a car with no MOT as one with? No, nor me.



It's 100% your responsibility to ensure your car's legal. You bought it four months ago - and you didn't check on purchase when the MOT expired...?

Quentin

You do need to report this collision now to your insurer. You break the policy TS & CS if you haven't done so.

As advised no mot won't affect the claim (apart from mean a reduction in the car value) unless it is found to be unroadworthy which will make a big difference to its value

paris1401

It was my partner who bought the car and he said the garage told him everything was sorted for a year, I have looked through all his documents and there is no mention of the MOT date or even the MOT certificate for that mater, also part of the pack has a little box saying MOT date: but it was left blank. is this something we could query with the garage who sold us the car or will we get no where?


Also we were due to go Liverpool in December, hotel and tickets for a gig were booked months a go, could we get the insurance of the other driver to pay for us to get train tickets now that we can't drive there?


We now think that the accident was deliberate as they are trying to claim whiplash against themselves, I've been told the driver can't claim against herself but the passengers can but they were a family of 4, they had 2 little girls in the back.
Does this sound dodgy, the junction they came out of they shouldn't have been speeding enough to move out car into out fence, just doesn't add up.

AdrianC

paris1401 wrote: »

It was my partner who bought the car and he said the garage told him everything was sorted for a year, I have looked through all his documents and there is no mention of the MOT date or even the MOT certificate for that mater, also part of the pack has a little box saying MOT date: but it was left blank. is this something we could query with the garage who sold us the car or will we get no where?

The time to query that was on purchase, not now. The paper certificate is irrelevant these days, anyway - the primary record is the computer one.
It must have had SOME MOT on purchase - because it couldn't have been taxed without.
So what does it say on... https://vehicleenquiry.service.gov.uk/

Come to that, what does the MOT history reveal...?
https://www.check-mot.service.gov.uk/

Also we were due to go Liverpool in December, hotel and tickets for a gig were booked months a go, could we get the insurance of the other driver to pay for us to get train tickets now that we can't drive there?

No, because you couldn't have legally driven there in this car, as it was at the time of the collision, either.


Anyway, you have a duty to mitigate your losses. Even if there was an argument for some temporary replacement transport for your illegal-to-use car, a hire car for two days would be much cheaper.

paris1401

We have had word back from the insurance and we are going to get paid out the remainder of the finance so we are happy, just need to find another car now!