Help with 3rd party without MOT

ncfcfan

Hello.

Early last week, I was involved in an RTC that wasn't my fault. Unfortunately, there were no witnesses or CCTV to this event.

1hr after the incident, the other driver called me to say he had no valid MOT. He offered me money for repairs. I checked, and his MOT has indeed expired. I told him I wouldn't commit to anything on the phone. Unfortunately I didn't record this conversation. That was the last I heard from him.

Late last week his insurers called me to hear my side of the story, as they couldn't get in touch with him. After I had given my side, they called me back 20 minutes later to say they would accept responsibility providing he didn't dispute the story.

The latest update today (from my insurers) is that the other driver is now not accepting responsibility. My insurers have asked me for a diagram of what exactly happened, which I have provided today. I've been advised not to speak the 3rd party insurers again.

The police, to my knowledge, don't know about his lack of MOT. Yet.

Please do let me know what you think, and what I should do.

foxy-stoat

It would be irrelevant for your claim - the third party insurers will know about the lack of MOT but they will still pay out if their driver is at fault.

If you want to grass him up to the police then thats up to you...bare in mind that they will probably do zero and if they do it is a minimal fine for no MOT, unless he was driving a dangerous car.

TonyMMM

The lack of the MOT isn't going to be a major issue - unless you are alleging it has some connection to the cause of the accident (unlikely).

His insurance company may reduce the value of his car ( to reflect the lack of MOT) if he makes a claim through them, but it has no effect on the validity of his insurance.

Police are unlikely to be that interested, I'd just keep dealing with your insurers, and concentrate on dealing with your claim and providing whatever evidence you can to show where the fault was.

bengalknights

As above the MOT has no relevance to your claim now if he wasnt insured that would be another matter.

ncfcfan

Thanks for your replies.

I understand that it doesn't invalidate my claim, as long as he accepts responsibility.

So what you're saying is, I can't really threaten to grass him up if he doesn't accept responsibility? I can't use this to my advantage at all?

spadoosh

The status of someone elses MOT on their car is completely irrelevant to me.

If youre concerned about other road users and the safety of the car consider the fact that the MOT happens once a year, many cars fail their MOT's and its probably incredibly unlikely they failed in the time they parked their car at the MOT station and it actually being tested.

Of course its against the law to drive a car without an MOT in the UK. Although there is no obligation for you to report law breaking.

The MOT status of the car is irrelevant in establishing fault. Its irrelevant in any claim you make against his insurance company.

The only outcome of you reporting no MOT, if its not found anyway, is a fine for the driver to a maximum of £1000.

spadoosh

ncfcfan wrote: »

Thanks for your replies.

I understand that it doesn't invalidate my claim, as long as he accepts responsibility.

So what you're saying is, I can't really threaten to grass him up if he doesn't accept responsibility? I can't use this to my advantage at all?

You could.

You would risk being prosecuted for bribery though which is a criminal conviction and can carry up to 10 years in prison.

foxy-stoat

ncfcfan wrote: »

Thanks for your replies.

I understand that it doesn't invalidate my claim, as long as he accepts responsibility.

So what you're saying is, I can't really threaten to grass him up if he doesn't accept responsibility? I can't use this to my advantage at all?

Not really no, he is not going to change his account of events now, if he does and he declares that you are pressuring him then that may not go down well either.

Third Party insurers always deny liability where it is not a clear cut accident or no witnesses. What has your insurers said about your version of events and the likely of a non fault outcome?

jk0

I have to say I'm surprised to read here everyone saying that insurance is valid even without an MOT. I just googled, and this came up from Directline:


https://www.directlineforbusiness.co.uk/van-insurance/knowledge-centre/running-your-van/driving-without-MOT

Is my car or van insurance valid without an MOT?

In most cases, as soon as your MOT expires, your insurance will no longer be valid. So if you have an accident, your van won’t be covered by your insurance provider and you’ll have to pay for repairs yourself – or potentially have your van written off. If the accident was your fault, you’ll also have to pay for the damage caused to any other vehicles involved, which could be very expensive. And, because it’s also illegal to drive without valid insurance, if you’re caught, you can face an unlimited fine or even disqualification from driving, plus 6 to 8 penalty points.

foxy-stoat

jk0 wrote: »

I have to say I'm surprised to read here everyone saying that insurance is valid even without an MOT. I just googled, and this came up from Directline:


https://www.directlineforbusiness.co.uk/van-insurance/knowledge-centre/running-your-van/driving-without-MOT

No one is saying his insurance is invalid or not, the Third Party insurers are duty bound to settle any claim if their driver was at fault, if they choose to recover the costs against their driver for lack of MOT then its down to them.

Car_54

spadoosh wrote: »

You could.

You would risk being prosecuted for bribery though which is a criminal conviction and can carry up to 10 years in prison.

Bribery? Surely blackmail.