Car insurance - NO MOT

[SRobb]

My car was crashed-into whilst parked on the street outside my house and has been declared a write-off by my insurance company. The MOT ran out 11 days earlier while I was on holiday and the car was booked in for an MOT the day after the accident but obviously didn't make the appointment. Where do I stand with my insurance considering I wasn't driving the car at the time and it was actually booked-in for the MOT at the earliest opportunity after I came back from holiday?

[SRobb]

I have all of the other guys details and have given them to my insurance company. You're talking about driving the car, which I wasn't doing, I thought I made that clear - sorry. It was parked up in the middle of the night and someone drove straight into it.

[OBonio]

Parked up where? If it was on private land, then it needed to be declared SORN (Stat. Off Road Notice). If it was on a public highway, it was 'on the road'.

[SRobb]

There should be a place where the legalities of all this stuff can be looked-up. There's nothing in any of my insurance documentation at all that says you need a current MOT and I know you don't need tax because you need insurance to get a tax disk, but it should all be written down so we know.

[cheyenne]

do you have to tell them???

[SRobb]

They have written the car off because it will cost too much to repair, so the car will belong to them. They have asked for all of the documentation, specifically the V5 and MOT certificate.

[JB]

Not having a valid MOT certficate will affect the overall valuation of the car. It makes no difference whether your own insurance company or the other person's are dealing with the claim - they would both require the MOT in order to make you an offer.

[GuavaHalf]

No MOT = No insurance. Simple. Hope the police don't find out. They will do you for not having insurance. The fact you were not driving is irrelevent.

[BenDToy]

I have been thinking about this, and I don't think the other party's insurers can get away with not paying. The fact that the car was not MOTd does not absolve their client from blame. Consider the possibility that the car was on yoiur driveway when it was damaged. You don't need an MOT to park on your drive. Also what if it was a bicycle or a wall that was hit. The fact is that he damaged your property, and although the lack of an MOT may affect the car's value or even your legal situation, it does not allow them to escape paying out. It will make your own insurance invalid, but you are claiming from the other driver's. I suspect they may well try it but I can't see how they can justify it. But...!!

[shah]

Hi, I've foundmyself in a similar situation. My road tax ran out about 5 days ago, I haven't had the chance to renew it. Last night a motorbike crashed into the back of my car, can I get his insurance to pay up, even if it voids mine? SRobb, how did you go with your claim???

[SRobb]

I sent all of the documents to my insurance company over a week ago but I haven't heard anything at all yet. I don't know whether that's a good or bad thing but I'll let you know what happens.