Help! Car accident, at fault, realised MOT expired

aw16

I need some help/ advice from anyone who’s been through same or knows the facts! I had a car accident, I’m at fault as I went into the back of a lorry as it was turning, I slammed on but still hit, have witnesses to say he didn’t indicate but obviously still my fault which I accept. Gone through insurance and thought everything would be fine until I was checking my documents and I thought I had 6 months extra on my MOT due to Covid (apparently they decided to stop this early on 1st August- my mot was due 13th August which I didn’t realise). I obviously wouldn’t of been driving if I’d of known. My concern now is that my policy states the car needs to be in a roadworthy condition and have an mot if required. What will happen now?! They’ve taken my car to one of their garages...they’ve said it may be repairable but might not. Car insurance haven’t asked for my mot but they will obviously check this won’t they? Do I inform them? Will this mean I won’t be paid out for my car and worse that they won’t pay out for the lorry repairs?! (his lorry had some minor damage but nothing compared to my car). Am I going to have to pay out for his lorry repairs? And what about if the driver decides to claim whiplash (I’m hoping not) am I going to have to pay thousands of pounds out that I don’t have?? Basically what’s the worst case scenario

AdrianC

If there's no apparent reason why the car wouldn't have passed, they can't hit the payout or void the policy. If the car would have needed work for the MOT, then they may well base the payout on a a car with no MOT that needs work to pass... which is exactly what it is/was.
https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/insurance/motor-insurance/vehicle-valuations-write-offs

However, if the car was unroadworthy, and that unroadworthiness can be shown to have caused the collision, then it doesn't matter whether it had a test or not. That may well give them a get-out. Not having an MOT does not automatically mean unroadworthy, any more than having one automatically means it is.

They HAVE to pay for the truck repairs and any injury, by law... but if there was a way they could get out of paying, then they could simply hand the bill back to you.

Future reference...  https://www.gov.uk/mot-reminder

Jumblebumble

aw16 said:

I need some help/ advice from anyone who’s been through same or knows the facts! I had a car accident, I’m at fault as I went into the back of a lorry as it was turning, I slammed on but still hit, have witnesses to say he didn’t indicate but obviously still my fault which I accept. Gone through insurance and thought everything would be fine until I was checking my documents and I thought I had 6 months extra on my MOT due to Covid (apparently they decided to stop this early on 1st August- my mot was due 13th August which I didn’t realise). I obviously wouldn’t of been driving if I’d of known. My concern now is that my policy states the car needs to be in a roadworthy condition and have an mot if required. What will happen now?! They’ve taken my car to one of their garages...they’ve said it may be repairable but might not. Car insurance haven’t asked for my mot but they will obviously check this won’t they? Do I inform them? Will this mean I won’t be paid out for my car and worse that they won’t pay out for the lorry repairs?! (his lorry had some minor damage but nothing compared to my car). Am I going to have to pay out for his lorry repairs? And what about if the driver decides to claim whiplash (I’m hoping not) am I going to have to pay thousands of pounds out that I don’t have?? Basically what’s the worst case scenario

I think you may be on very flaky ground.
Your insurers could argue that you were supposed to have a mandatory  brake efficiency test in August but did not do so and now they may pretend they have no way of checking the efficiency of the brakes. Per haps if they make a fuss you could suggest they put the car on some MOT brake  rollers
I suspect that much will depend on the age and condition of your car. If it looks like a badly maintained old nail then there may be trouble

aw16

So worst case scenario they find my car unroadworthy (I don’t think it was) and they don’t pay anything for my car and they pay for the lorry and any injury initially but they then may come looking for the money from me? 

If I don’t get anything for my car I can accept that, I should have double checked the Covid mot thing. I’m fairly sure it was roadworthy (2 new front tyres and back two changed within last year and brakes didn’t seem to have any issues with)  I’m just worried I’m going to lose my car and then have to fork out repairs for the lorry and worse.

am I going to get points and a fine? No police were called. 

wongataa

aw16 said:
am I going to get points and a fine? No police were called. 

No.

aw16

Jumblebumble said:

aw16 said:

I need some help/ advice from anyone who’s been through same or knows the facts! I had a car accident, I’m at fault as I went into the back of a lorry as it was turning, I slammed on but still hit, have witnesses to say he didn’t indicate but obviously still my fault which I accept. Gone through insurance and thought everything would be fine until I was checking my documents and I thought I had 6 months extra on my MOT due to Covid (apparently they decided to stop this early on 1st August- my mot was due 13th August which I didn’t realise). I obviously wouldn’t of been driving if I’d of known. My concern now is that my policy states the car needs to be in a roadworthy condition and have an mot if required. What will happen now?! They’ve taken my car to one of their garages...they’ve said it may be repairable but might not. Car insurance haven’t asked for my mot but they will obviously check this won’t they? Do I inform them? Will this mean I won’t be paid out for my car and worse that they won’t pay out for the lorry repairs?! (his lorry had some minor damage but nothing compared to my car). Am I going to have to pay out for his lorry repairs? And what about if the driver decides to claim whiplash (I’m hoping not) am I going to have to pay thousands of pounds out that I don’t have?? Basically what’s the worst case scenario

I think you may be on very flaky ground.
Your insurers could argue that you were supposed to have a mandatory  brake efficiency test in August but did not do so and now they may pretend they have no way of checking the efficiency of the brakes. Per haps if they make a fuss you could suggest they put the car on some MOT brake  rollers
I suspect that much will depend on the age and condition of your car. If it looks like a badly maintained old nail then there may be trouble

It’s a Small hatchback 2013 reg plate, 60,000 miles, not an old banger but not in pristine condition (interior wise- kids). 2 new tyres to front, back ones were changed within the last year ( I only drive about 10 miles per day) I wouldn’t of driven it if i didn’t think it was road worthy...I mean it passed its MOT last year ok. 

Car_54

aw16 said:

So worst case scenario they find my car unroadworthy (I don’t think it was) and they don’t pay anything for my car and they pay for the lorry and any injury initially but they then may come looking for the money from me? 

If I don’t get anything for my car I can accept that, I should have double checked the Covid mot thing. I’m fairly sure it was roadworthy (2 new front tyres and back two changed within last year and brakes didn’t seem to have any issues with)  I’m just worried I’m going to lose my car and then have to fork out repairs for the lorry and worse.

am I going to get points and a fine? No police were called. 

Even if they had been called, there are no points for an MOT offence.

aw16

Car_54 said:

aw16 said:

So worst case scenario they find my car unroadworthy (I don’t think it was) and they don’t pay anything for my car and they pay for the lorry and any injury initially but they then may come looking for the money from me? 

If I don’t get anything for my car I can accept that, I should have double checked the Covid mot thing. I’m fairly sure it was roadworthy (2 new front tyres and back two changed within last year and brakes didn’t seem to have any issues with)  I’m just worried I’m going to lose my car and then have to fork out repairs for the lorry and worse.

am I going to get points and a fine? No police were called. 

Even if they had been called, there are no points for an MOT offence.

I thought this, but will me not having an MOT invalidate my insurance and then leave me with no insurance and getting points for that?? 

macman

No it won't.

KimJongUn88

They can’t void the policy merely for lack of MOT. They’ll payout for the claim presented by the truck driver. Regards your own car, if it’s written off they’ll Most likely base the payment on a car with no MOT.

aw16

KimJongUn88 said:

They can’t void the policy merely for lack of MOT. They’ll payout for the claim presented by the truck driver. Regards your own car, if it’s written off they’ll Most likely base the payment on a car with no MOT.

Thanks this is what I’m hoping for. So long as they pay for the lorry and don’t come after me for the money then I’ll be ok with anything else. If I don’t get anything for my car then so be it, just have to choke it up to experience.