Mate Had His Car Hit But Driver IS Refusing to Pay due to No Road Tax

fleetingmind

My mate's car was parked and was hit by another car and the other driver admitted liability and they swapped details. My mate's car tax had just expired as had the MOT.

The other driver is now refusing to pay as my mate's car was technically not insured.

Is this legal to do or does the other driver still have a legal obligation to fix it?

Quentin

Send the claim in to the third party's insurance company, don't deal direct with the driver - he's just trying it on.

fleetingmind

Would my mate not get in trouble when the bloke tells his insuarnce company that the car had no MOT or tax?
Would the insuarnce refuse to pay on these grounds?

Quentin

No.

(How does the third party know it has no MOT anyway?)

V_tricky

No, not unless that they can prove that the accident only happened because your mate hadn't maintained his vehicle.

If your mates car has been deemed beyond economic repair, the engineer *may* reduce the value of it, by upto 20%, but they may not reduce the value of it at all.