CLAIMING INSURANCE ON CAR WHICH PROBABLY WRITE-OFF, but have no valid MOT certificate and got a producer?
Find answers to your legal question.
CLAIMING INSURANCE ON CAR WHICH PROBABLY WRITE-OFF, but have no valid MOT certificate and got a producer?
|
My mate had a car crash where the fault was the other parties (he has witnesses) but the other driver may dispute this. However it now transpires that his MOT is expired as he booked it in for a service at the local dealers a week before it was due but they just serviced the car and didn't do the MOT --they even forgot to stamp his logbook but he does have the invoice from them He just presumed that they had done it and din't realise until the accident required him to produce documents at the police station by which time the MOT was a month expired.
The car is probably a total loss which would mean he would ask him for some documents including theMOT certificate
The car was perfectly roadworthy ( 4 yrs old) and well maintained.
How will this affect his claim and insurance?
Also what will happen with the police situation?
could do with some fast advice, only got till monday to talk to them
|
|

starlet108
|
Nothing you can do now - I dont think insurance will pay out and it'll be a few points on your license from the police xx |
|

Dry Dreamer
 |
Your mate is up the proverbial creek he should not have been on the road without an mot and the police may well prosecute him and his insurance co. will not want to know |
|

ann w
|
sounds like he is trying to "bull" his way out of it! the dealer would have a record of what it was booked in for and so would be able to confirm or deny his story but it does not change the fact that he was driving without a valid mot and is responsible for the offence. the insurers would say that as he was driving without mot he was not insured!
be honest with the insurance company, they might accept the oversight! the police will only "do" the driver for the lack of mot. points + fine. |
|

bennybullfrog
|
O deary me i think he's in deep poo-poo serves him rite for trying to avoid legality you could always try to buy a dodgy form i think they are about a 20 quid not that i would know Honest. |
|

Bealzebub
 |
Police should ask to examine the car. If it has no faults that could have caused the accident then he may be liable for driving the car without a valid MOt which may cost them 3 points, but the insurance cannot claim the vehicle was not roadworthy simply because the MOT certificate was not valid. If it is deemed safe by the police then the insurance is valid. A car can fail an MOT as soon as it leaves the MOT test centre, as long as it passes on that 1 moment it's legal. If the police test centre examine it and say the lack of an MOT had no contribution to the accident it's still covered. |
|

douglasshade
|
hi,
most of what i can add has already been said but you do have a few options that you could try. Firstly, your pal should not have used his car on the road without a valid MOT certificate but on VOSA documents (VT30) they do state that you can drive your vehicle to an MOT station for the test and also to a place of repair providing it has been pre-booked. You also have the right to drive your vehicle home providing it has been in for an MOT or a place of repair. On a point of law, not having a current MOT certificate is a non endorsable offence but you will be fined or a fixed penalty issued. So on to the main part of this reply, if you were on your way home from the mot station or your pals garage after some repairs were made to your vehicle then you have a reasonable excuse to be on the road ( Police situation )
For your pals sake, I hope the other driver admits liability for the accident and you are not required to produce your mot.
GOOD LUCK |
|

c.j.davies
 |
This is the loophole the insurance company will be looking for to avoid paying out. |
|

Barking mad
|
Facts. The vehicle did not have an MOT which can make the insurance invalid. At the Police Station, he will probable be reported for no MOT, but it just a caution. The ins. company will get a report from the police and see there was no MOT.
The only way out is for the garage to give him an MOT, but I doubt it.
Whether the Ins. company pays out is up to them, but they always look for a get out clause, so things do not look good, but I think you know that. Sad story, similar things happen all the time though. |
|

?
|
If the car's MOT was valid at the time of the crash then he's ok, but If the car's MOT expired before the crash then insurance is null & void |
|

Phish
 |
Oh dear, how sad, never mind, your mate is about to get a very large bill for any and all of the damage that occured as his car was unroadworthy owing to not having a current MOT certificate. He may also be charged with driving said vehicle and obtain a conviction which I hope is both expensive and painful.
A pathetic excuse for having no MOT. Complete bollocks.
It also seems that 'your mate' has changed into 'you' by the end of the question. You're a pathological liar. |
|

Vinny
|
This could be a big problem. Insurance Co's will do anything to avoid payouts. They love to take our money but don't like paying out. They will probably see no MOT as an easy get out.
The cops might charge him 4 driving with no MOT
Sorry its not better news. You may have some kinda claim against the garage tho. |
|

wisernow
|
Anyone suggesting a backdated mot has not kept up with current draconian methods now used by the dvla for mot testing. I am telling you that there is no chance whatsoever of having an mot backdated by as little as 5 minutes. Testing stations do not forget to do mot's, the reason being they are only allowed 1 test per hour and they have to log on and record the vehicle details or forfeit the test period, which means a lost test and another hours wait until the next test. With regards to the insurance claim forget it, whoevers fault it was your to blame for being on a public highway with no current mot cert', if your very lucky you may be able to persuade the other driver not to make a claim from the insurance company thus saving some no claims bonus. As for the police prosecution, it will probably happen because it involved an accident. Just put it down to experience and take it manfully, oh and don't try to lay the blame on the garage it will not wash with the police they hear it several times a week. Sorry but the facts speak for themselves. |
|

DIAMOND_GEEZER_56
 |
Your friend wouldn't happen to be yourself? It wouldn't supprise me if it is you. Looking through your question and your words, I feel that you made the boo boo and is trying to put the no mot blame on the garage, was it booked in for an mot as well as a service? if so and u r tellin the truth then it should be in their diary, if not you or ur so called friend will lose the car 4 starters As insurance companies do anything to stop paying out.
Hope ur genuine, and if so u may get help if you can prove it was sent in 4 mot and that u 4got. |
|

funky munky is back
 |
My car was a right off after an accident, and my insurance wanted back the mot certificate, insurance certificate and the tax disc and documents V5 I think to say the car was to be scrapped. This was beginning of November, and they would'nt pay me out until they got everything. Good Luck |
|

Russell
|
Insurance is Void |
|

button moon
 |
well thats what you call bad luck! |
|

ginger
 |
sorry but hes probably stuffed, insurance companies will find any excuse not to pay |
|

JOHN R
|
get your self a good lawyer & start praying for the best & also check with Driver and Vehicle Licensing Agency (dvla) www.dvla.gov.uk |
|

jester67
|
See if you know anyone that does M.O.Ts.i.e small independent garage,get it done b4 monday and slip them a few quid to get the mot back dated to b4 the accident and bob's your uncle. |
|

NEMO
|
have the dealer write a letter stating they did the MOT but forgot to stamp the log book show them the invoice and letter you should be ok LOL |
|

Stevie mac
|
don't know the value of the motor but if the car in that good a condition maybe a chat to the garage mot people with an emphasis on the prob their fault ..don't mention accident but maybe suggest they levy an extra surcharge to compensate them for any "administration costs" in producing the appropriate mot? |
|

|
|
|
|
Car Crash? |
| I went into the back of someone, is it totally my fault, even tho she slammed her breaks on? It was the slightest bump that cracked the bumper. The women then tried to get the passenger in her car to ... |
|
My neighbour reversed into my car!? |
| She has offered to pay for the damage rather then go through insurance people, firstly why do you think she chose this way and is it a good idea for me?... |
|
Do you need insurance to drive on an industrial estate as a learner driver? |
| If you are driving somebody else's car in an industrial estate do you need to be insured on their car? Or is it classed as private land?... |
|
Car Insurance - Accident (Please Advise)? |
Today an OAP came driving down a one-way carpark (trying to get my car parking space).
In the process, she attempted to drive along the side of my car to get to the space, and scraped the side ... |
|
Do you drive in drivers ed? |
i just want to know i was going to take it Additional Details people need to stop leaving dumb comments. in some states you don't drive and some people tell me you don't drive.... |
|
When buying a used car from a garage how do you get insured to drive it home? |
| i have just passed my driving test and am going to hopefully buy a car today but have no insurance yet so how do i get the car home.do i need someone else to take it home for me or does the car have ... |
|
My ex stole my car and was involved in an accident. my insurance company have refused to pay out because i wou |
| i refused to press charges .he did not have a licence or insurance,he did not cause the accident, the other driver was drunk.he done it on the spur of the moment.i felt he had been punished enough as ... |
|
UK only, car accident not your fault? |
| on friday of last week, my daughter and i was hit by another car, totally his fault, my car was damaged, and my daughter and i are still suffering with whiplash, now i reported within an hour to my ... |
|
I just crashed my car? |
| the thing is, its my fault i came to close to the guy before me and he braked and i just smashed into him.. im alright and there is no reason telling me im an idiot i got that already.. besides the 10... |
|
Court case driving illegaly ??? help ,me? |
| hi i parked my car 2 minuits away from my garage and the police came and it had no tax mot and i had no licence or insurance and thau towed my car and the police woman knocked on someons door and ... |
|
Do they know if you haven't renewed your car insurance? |
I haven't the time money or patience to renew it just yet, do they know will they penalise me yet more? Additional Details i don't want to insure my car, that does not ,make me ... |
|
Is it true that you have to have insurance for your vehicle even if you're just storing it in your garage? |
| My boyfriend is out of town for a 6mo. retreat & his truck is being stored at my mom's house while he is gone. She insisted on the truck being at her house cause she is the co-signer on the ... |
|
Car accident, NOT MY FAULT, other driver had no insurance & now doesn't want to pay me directly, WHAT DO I DO? |
| WAS IN AN ACCIDENT(HIT FROM BEHIND AT STOP LIGHT)3 WEEKS AGO. I WAS ON THE PHONE W/THE 911OPERATOR WHEN THE OTHER DRIVER AT FAULT SAID SHE WAS GETTING OUT HER INSURANCE PAPERS. AFTER I HUNG UP SHE CO... |
|
Why are women allowed to drive? |
| who is doing the housework without them being tbere?... |
|
Was hit by a drunk driver, he has no insurance, and i don't? |
| My car was totaled and i owe $11,000 on it. The tow fee was $661 to get it out. What can i do?... |
|
Where can i get cheap car insurance for a first time driver? |
| I am 17 and want to get a insurance for a Peugoet 205 1.8 turbo deisil and need the cheapest car insurance because im a student please help!!!... |
|
|