Car Accident With No Mot! Helppppp

[emma444]

Hi,

I need some advice..

I had a car accident on Friday, the crash was not my fault (however other driver will not admit fault). We both agreed on scene not to go through insurance as I didn't want my renewal price to be massive when ive got to renew. So we said we'd get quotes for our cars and come to some kind of an arrangement. Now this woman is threatening me with going through insurance unless i pay for ALL her damage!

I then thought fine lets just do insurance, until i realised my MOT had ran out at the end of Nov. So i have now had my car MOT'd and its passed. But im not sure what will happen if she decided to go through insurance and im worried that my insurance wont be valid!!

p.s. we have not contacted any insurance companies yet... and i dont plan on!

Any help??

[paddyk]

Others may correct me here, but as far as I know, not having a current MOT does not invalidate your car insurance - it depends on the terms of your policy. Apart from that, I don't know anyone who has been asked to produce their MOT certificate when it's a straightforward claim without police involvement. (However, as I said times may have changed)

[dannyk13]

Your insurance policy will tell you whether a current MOT is required for you to be insured.

[hc4361]

Go through the insurance. You are legally obliged to report any accident to the insurer whether you claim or not. The lack of MOT will not invalidate your insurance.

[emma444]

I have looked through my whole insurance policy and all it says is that 'It is important that your vehicle is kept and maintained in a roadworthy condition with a valid MOT cert where required by law'

[hc4361]

So it doesn't state that your insurance will be invalid without the MOT. The other driver is trying to blackmail you - go through the insurance

[EDDIE51]

Yes we have had this before no MOT DOES NOT! invalidate your insurance!
Report the accident to your insurance and let them sort it out!
As said you MUST BY LAW report any accident to your insurance company !
There will be no questions on the MOT only on the circumstances of the accident.

[dannyk13]

Eddie, there is no obligation in law to report an accident to your insurance company.You have an obligation to produce an insurance certificate if personal injury is caused.

[emma444]

Yes shes trying to get me to pay her money as she has the upper hand knowing i don't want to go through insurance!

The damages to the cars are minor that is why we originally agreed to just get quotes and come to an agreement. Shes obviously been speaking to others and thinks she can get money from me. As long as my lack of MOT wont effect the claim it will be okay.

Plus i actually had my MOT done (and passed) immediately after the accident, so on the DVLA website they would never know that i didn't have an MOT that morning of the accident.

[hc4361]

Hate to have to correct you, emma, but anybody with the registration number and make of car can find the full MOT history of the car including dates. I use an app called Vehicle Smart.

[EDDIE51]

dannyk13 sorry you are wrong, unless you report an accident to your insurance they can void your policy because you failed to inform them of ALL circumstances regarding your driving record, even if the other driver is 100% to blame for an accident.

[dannyk13]

Cite me the law that says this.

[EDDIE51]

hs4361 is correct but it still will not affect the insurance claim, just go ahead and let the insurance sort it out.

[yogi-bear]

Hi Emma

As the good people above have already mentioned, report it your insurance company asap....If they ask why you've left it 5 days, just say you've been in shock since the accident, which is true really, as it does affect you......... The other driver is trying it on and blackmailing you, as she knows was her fault and saying it was yours......Let the Insurance companies sort it out and make sure you give a full detailed account of what happened.....Good luck, Emma.

[emma444]

Yes, thanks for the advice! I've downloaded the app and it does give you all my MOT history and it shows that it passed its MOT on the Friday.

Well from what I can gather my lack of MOT at the time of the accident shouldn't matter if she decided to go through insurance!

I appreciate your help everyone thank you!

[dannyk13]

Eddie, I think you are getting confused between the law and a condition imposed by an insurance company.

[EDDIE51]

It's not a law but the insurance companies insist on it, they can and will void a claim and cancel insurance if they find out you have been in an accident that you did not report. Not worth being prosecuted for driving without insurance just to avoid telling them about an accident!

[hc4361]

dannyk, it is not the law that every accident is reported to the insurance company but it is a legally enforceable condition of the policy that you do so.

Failure to do so would entitle the insurance company to refuse to renew the policy and then you are obliged to inform every other insurance company that you have been refused insurance when you apply.

http://www.which.co.uk/consumer-rights/advice/ive-been-in-a-car-accident-do-i-have-to-claim-on-my-insurance

[dannyk13]

Accepted.

[bhg481]

Danny and Eddie are both correct. There is no law which states that there is an obligation to report an accident to your insurance company but every insurance company I have ever dealt with has made it a condition of their policy that you do.

[New Judge]

“Your insurance policy will tell you whether a current MOT is required for you to be insured.”

No insurers can invalidate a motor policy for failure to have a current MoT. Provided the premiums have been paid as agreed and provided no material information has been withheld or falsely stated on the proposal the only circumstances they can refuse Third Party cover as required by the Road Traffic Act is if the driver did not hold a licence or was disqualified from holding or obtaining one.

You do not have to report accidents to your insurers by law, but most make it a requirement of your policy that you do so as soon as possible. This is regardless of whether a claim is imminent or not.

Your best bet is to report the matter to your insurers as soon as possible. If they question why you delayed doing so you must come up with some excuse. It is never a good idea to fail to report an accident. Very often at the roadside amicable arrangements are agreed. Later, the other party may well (as you have discovered) decide to try it on and get far more from you than the accident warranted. Furthermore there is always the danger that some “hidden” personal injury (such as "whiplash") will rear its head. Let the insurers sort it out. That’s what you pay your premium for.