Viewing 22 posts - 1 through 22 (of 22 total)
  • Caraccidenttrackworld
  • Premier Icon nt80085
    Full Member

    Some advice required please and apologies for the lengthy post. I had a minor car accident on tuesday evening. Country lane, I pulled over as another car approached. It slowed up then sped through the gap which wasn’t big enough. Took out my wing mirror and most side panels. Not structural just aesthetic. I confronted the driver who accused me of driving through him. After a heated argument we went our separate ways with each reg numbers stating we were both going to claim off the other. I registered my claim that evening, due to no witnesses I was told it would be a 50 50. The next day after checking his car had an mot I realised mine had run out 3 weeks ago. I got the car mot’d the next day and passed. I phoned insurance company and cancelled the claim. He has now registered his claim. My policy docs state my insurance is invalid without an mot. So where do I stand? Likely outcome?

    Premier Icon edward2000
    Free Member

    Lynch him

    Premier Icon nt80085
    Full Member

    It’s also annoying as my car is only 3 years old. His is 14. Such a ridiculous accident that was completely pointless.

    Premier Icon sharkbait
    Free Member

    50:50 would be your best result.
    Passing an MOT 3 weeks after the old one expired does not mean your car was ‘roadworthy’ at the time of the accident regardless of age (a three year old car can still have knackered brakes and worn tyres).
    I hope the insurance company does not check as they could easily use it as a way out of providing cover.

    Premier Icon nt80085
    Full Member

    Agree. Passing an mot a day after the accident is largely irrelevant. It does show the car was road worthy though as no advisories.

    Premier Icon duncancallum
    Full Member

    I would have not cancelled the claim. Id just hand them the valid mot.

    I’d be surprised if they checked your prior mot history.

    Premier Icon Rockhopper
    Free Member

    It doesn’t need an MOT until the third anniversary of its registration date of course.

    Premier Icon RustyNissanPrairie
    Full Member

    Doesn’t lack of MOT reduce your policy down to 3rd party only?or has that changed ?

    Premier Icon v8ninety
    Full Member

    3rd party insurance cannot be invalidated by the actions or inactions of the policy holder. It would be unfair to punish a third party due to negligence or omission on the part of the policy holder; it’s kind of the whole point of car insurance really.

    Premier Icon sharkbait
    Free Member

    It does show the car was road worthy though as no advisories

    No. An advisory just lists items that are close to failing in the eyes of the tester

    A car can have 4 bald tyres going into an MOT, it would fail, have the tyres replaced and successfully retested. There will not be an advisory.

    It’s also annoying as my car is only 3 years old.

    So it must be 4 years old if it’s already had 1 MOT.
    (Not that it makes any difference to your situation)

    Premier Icon nwmlarge
    Full Member

    Cancelling the claim was an odd move and will rule in their favour.

    The MOT would only be a concern if a failure of the vehicle was the cause of the accident which it clearly wasn’t it was driver error, one of the drivers anyway.

    Premier Icon nt80085
    Full Member

    Shark bait, you’re correct it’s a 2015 model, typo in last nights post.

    If we take your example of having 4 bald tyres and it had failed the mot. Would the failure not have shown up online on the mot checker as part of its mot history. I dknt know the answer to this. Just curious.

    Spoke with the insurers and can reinstate claim if I wish. I’ve not been asked to present a valid mot doc (yet) so may pursue this route.

    Completely my own fault not having the mot, very lucky the incident was very minor in a way.

    Premier Icon Rockhopper
    Free Member

    Yes if it failed the MOT that would show up on the web site, I think advisories on passes are shown as well.

    Premier Icon Superficial
    Free Member

    This could be v bad for you. The only saving grace is that the other guy doesn’t know about the MOT issue and therefore can’t use that as leverage. What is the rough estimate of your damage? Can it be fixed without claiming on your insurance?

    Premier Icon Cougar
    Full Member

    I would be amazed if an insurer checked MOT validity. In almost 30 years of driving I’ve never been asked for my MOT certificate ever outside of police spot-check producers.

    And in any case, you’re claiming against his insurance, not yours.

    Premier Icon johnners
    Free Member

    I would be amazed if an insurer checked MOT validity. In almost 30 years of driving I’ve never been asked for my MOT certificate ever outside of police spot-check producers

    I’d be amazed if they didn’t. It’s all online now, if I’ve got your reg number I can find your MOT status, no need to ask you for anything. It’s maybe not the first thing I’d do if I was in a collision but I’d certainly do it. And I’d be more amazed if the police still asked for you to produce a piece of paper, if you’re pulled over they’ll know if you’re MOT’d and insured before you’ve got the handbrake on.

    Premier Icon paton
    Free Member

    No MOT, Invalid Insurance?

    Premier Icon nt80085
    Full Member

    Thanks for the link, it was a very minor accident so fingers crossed.

    MOT reminder setup on calendar now. Seems so simple doesn’t it, easy to miss things like this when you’re juggling life issues I.e. the care of a profoundly disabled son. Not an excuse for forgetting the MOT of course. Just adds context for being a dick during the 3 weeks I forgot about the MOT.

    Cheers for the posts, it’s helped. i’ll let you know what happens…

    Premier Icon andyl
    Free Member

    where you stationary at the time?

    Premier Icon grumpysculler
    Free Member

    3rd party insurance cannot be invalidated by the actions or inactions of the policy holder.

    The insurer has to reimburse the 3rd party if liable under the Road Traffic Act, but if the terms of the policy are materially breached then as a contractual matter they can reclaim their losses from the policy holder.

    where you stationary at the time?

    With no witnesses, the question that matters is “can you prove you were stationary at the time?”

    Premier Icon nt80085
    Full Member

    Yep, I was stationary at the time, I have photos showing the scene although the other driver cleared off before I could get his car in the photos. He stopped about 10m after the impact. Can I prove I was stationary? Probably not as no dash cam. My car was stationary next to a stone wall, had I been moving I would of hit the near side of my car into the wall to avoid him, hence why I stopped. As he approached he tried to go up the grass verge on the offside, the verge is pretty much vertical so he went up then slid down into the Side of my car whilst accelerating through the gap. The photos show the debris from the verge on the road angling to towards the rear of my car. Still doesn’t prove I was stationary. We’ll see whether the insurance co think if I have a case or if it will be 50 50. Tbh because of MOT issue I’d be surprised if I didn’t end up with a hefty bill so kind of prepared for the worst.

    Premier Icon sharkbait
    Free Member

    No way it’s anything other than 50:50 I’m afraid.
    He could say he was stationary also!!

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