head on collison NO MOT HELP

epela

Hi everyone

After some advice. Last night was dropping my car off at the MOT test centre for a pre-booked MOT today. Young kiddy came flying around a bend unable to stop and smashed straight into my car. Kiddy shouted at me that he was doing the limit of 30mph (around a right angle bend - good job mate) and that he has a black box so i'm hoping that will rule in my favour, but maybe not.  I will need to claim on the insurance, and it's very likely a write off.

Here's the sticking point - I was taking a pretty roundabout way to my MOT test centre to drop bits bits off to my friend on the way (which I obviously know I shouldn't have done, but save the lectures as lesson well and truly learned). I have proof of booking of my MOT today, and they asked me to drop it off the night before etc. So that's fine. But my route is not direct A to B and i'm terrified of getting in deep trouble for that. 

The insurer (Admiral) are asking me for the purpose of the journey at the time of the incident. Do I state straight up that I was dropping the car to the test centre for my pre-booked MOT and risk them asking me why on earth I went that way round, or do I not say I was dropping the car off to the centre (in which case i'm illegally driving as MOT was expired and only legal journal is to test centre)?

After some advice - please help folks!!!!

TooManyPoints

Just tell them the truth - you were taking your car for its pre-booked MoT. As long as you have proof of that and the MoT station was not 200 miles from your house they are unlikely to investigate further. In any case, you must tell them the truth and even if they do investigate it is unlikely to have any influence on the outcome.

Car_54

You won't get in "deep trouble" - you were committing a criminal offence, but it's a trivial one -no points and usually a £100 fine.

The insurer is unlikely to care.

epela

Awesome thanks folks - i'll go on and tell them! Cheers!

Aretnap

Whatever your policy might say about MOT certificates, the lack of one would only affect your claim if your car had a defect which would have been picked up by an MOT, and that defect was a significant factor in causing the accident. There are numerous Financial Ombudsman decisions to this effect, for example you can go here and search for DRN9926004 (a search for insurance and "MOT" will bring up several more). 

https://www.financial-ombudsman.org.uk/decisions-case-studies/ombudsman-decisions

Do not lie or invent improbable stories. Just tell the truth - you were dropping the car off at the garage. They are unlikely to enquire too much about the finer detail of the route you took; if they do you should tell the truth, but at worst it will make your claim slightly more complicated, not prevent you from making it. 

AdrianC

Certainly say that you were taking the car to the test centre for a pre-booked test - because you were...

How far away from a reasonable A-B, home-test centre, route were you at the time of the collision?

Most insurers do not explicitly require a car to have an MOT ("where legally required"), only for it to be roadworthy. Was an MOT "legally required" in this circumstance? Strictly speaking, you could be seen to be outside the exemption for having a current test.

Even if Admiral do (of all insurers, they would be the most likely, being the Ryanair), and they decide you were outside that, then not even they can wriggle out of paying completely on the basis of no MOT.
The worst they can do is to reduce the payout on the basis your car was less valuable without an MOT than it would be with.
Was there any suggestion it would not have passed?
What sort of age/condition/value car are we talking about? Clearly something 15yo, shabby, and with a string of fails in the recent MOT history is going to be more of an issue than something 3yo, immaculate, being taken for first test.

epela

I was about 9 miles from the MOT test centre (it's all rural, there's not much about, but I did a big loop from my house, via my friend, to the centre). 

Admiral, as far as I can tell in the documents I was sent, just say *roadworthy* but if I dig into documents freely available on their website, it says 'if applicable, must have valid MOT certificate'. 

Car is 2012, Peugeot 308, in great condition, pretty low mileage, passed all but one MOT since I had it. Very few advisories on last one (think one or two). Had no issues with it. 

AdrianC

epela said:

I was about 9 miles from the MOT test centre (it's all rural, there's not much about, but I did a big loop from my house, via my friend, to the centre). 

But how far off a reasonable A-B route?

Admiral, as far as I can tell in the documents I was sent, just say *roadworthy* but if I dig into documents freely available on their website, it says 'if applicable, must have valid MOT certificate'.

The documents for your policy supercede the generic ones.

Car is 2012, Peugeot 308, in great condition, pretty low mileage, passed all but one MOT since I had it. Very few advisories on last one (think one or two). Had no issues with it. 

So shouldn't be an issue.

I'm assuming you'll claim through your insurance, rather than simply straight to the other driver's. You can bet they'll not be telling their insurer the full truth, from what you say, so their insurer may not accept your claim.

epela

Yeh i'm sure he'll dispute what happened, he looked about 12 and was very angry, but if he has a black box it should record his speed and the impact/force, so they should be able to estimate my speed, and presumably see who was more at fault (assuming he doesn't accept 100% liability). 

m0bov

Sounds like it might go 50 50, was speed even a factor?

David713

I know that it's been said on this forum many times but when your car gets repaired or replaced, you should seriously consider getting a dashcam.
A reasonable one isn't too expensive nowadays and it could easily pay for itself if it provides proof that another driver was at fault should you be involved in another accident.