Help with 3rd party without MOT

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  • Car_54
    Car_54 Posts: 8,213 Forumite
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    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


    I believe that clause is unenforceable. I can't remember offhand whether it was a court or the Ombudsman who ruled on it, but no doubt some expert on here will know.
  • tberry6686
    tberry6686 Posts: 1,135 Forumite
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    Ombudsman has regularly ruled that no MOT does not invalidate insurance (even though some insurers try to claim it does)
  • kimplus8
    kimplus8 Posts: 968 Forumite
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    what a sticky situation to be in. I think you are focusing on the wrong issue. Forget the MOT, just focus on gathering as much supporting documentation as you can for your claim and hope that his insurance company pays out. obtain written reports from the garage, provide diagrams and a detailed written description of your version of events.
    hope its goes well.
    Saving for a house in 2025 LISA £7726/£15000 Emergency Fund £1000/£6000 No spend Year 2023
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
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    Car_54 wrote: »
    I believe that clause is unenforceable. I can't remember offhand whether it was a court or the Ombudsman who ruled on it, but no doubt some expert on here will know.

    Having read through my Direct line Policy Booklet, it does not mention anyway about the vehicle having a valid MOT.
  • gollum007
    gollum007 Posts: 302 Forumite
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    To point out-
    The linked Direct Line booklet is from commercial (i.e. van) insurance.

    A business will be held to a much higher duty of care than a private individual, and they will be assumed to have done appropriate due-diligence.

    In a buisness context, that sort of clause *may* well be enforcable :)
  • sevenhills
    sevenhills Posts: 5,885 Forumite
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    ncfcfan wrote: »
    1hr after the incident, the other driver called me to say he had no valid MOT.


    Click on the link and enter his registration number. See how long he was without MOT and if there are any advisories, like brakes, that could have a bearing on the acident.


    https://www.gov.uk/check-mot-history
  • TooManyPoints
    TooManyPoints Posts: 1,248 Forumite
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    Section 148 of the Road Traffic Act prevents insurers denying Third Party liability for a number of reasons. One of these is "the condition of the vehicle" and this would almost certainly stretch to MoT issues. As well as this there is an EU directive which goes even further and provides very few grounds for insurers to deny liability. Lack of a valid MoT is certainly not one of those grounds. Quite frankly I'm astonished that any insurer should utter "In most cases, as soon as your MOT expires, your insurance will no longer be valid.". Even worse is for them to go on and explain that drivers caught driving a vehicle with no MoT are also likely to face a "No Insurance" charge. Of course if this was the case every charge of no MoT would also be accompanied by a far more serious No Insurance charge. Even the most elementary of research will show that this is simply not the case.
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
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    Car_54 wrote: »
    Bribery? Surely blackmail.

    Indeed, which is up to 14 years rather than 10 :D
  • Scrapit
    Scrapit Posts: 2,304 Forumite
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    ncfcfan wrote: »
    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.
    Sounds like you have done all you should.
  • ncfcfan
    ncfcfan Posts: 124 Forumite
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    sevenhills wrote: »
    Click on the link and enter his registration number. See how long he was without MOT and if there are any advisories, like brakes, that could have a bearing on the acident.


    https://www.gov.uk/check-mot-history

    Hi folks.

    Many thanks for your replies.

    My fact finding mission has uncovered a couple of things.

    The 3rd party's vehicle passed it's last MOT with one advisory, a dodgy wiper blade. It was raining very heavily on the day of the collision.

    There is also an outstanding factory recall on the vehicle, I don't know what for.

    I might be clutching at straws a bit. But can I honestly use this information to my advantage?

    Thanks.
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