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MOT expired but test was booked and had an accident, where do I stand?

My friend had her car booked into to have its MOT in a few days. Although it had expired a few days ago, she had tried to get it booked in sooner but there was no spaces until this week. The unfortunate thing is that she had an accident and someone crashed into her car. Is the insurance valid in an accident if the MOT has expired, althought it was booked in for one?

helpful  (Level 1)  |   Car Insurance  |   11 Jul 2010 07:57
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gices gices  (Level 1)  |   11 Jul 2010 13:20

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If a car does not have a valid MOT certificate, it means the car is not roadworthy. You can argue that there's nothing wrong with the car but having an MOT is a legal requirement and there's a clause in every car insurance policy which states that your car must be roadworthy to be insured. So technically speaking, your friend was driving an uninsured car as the insurance company could invalidate her insurance because her MOT had expired. She could be left paying for the damages herself and also be prosecuted for driving without mot and driving without insurance.

A while back, insurers did not check whether your MOT was up to date but nowadays they tend to check everything before processing your claim and paying out. If luck is on your friend's side, then she could get away with her insurer not finding out about the MOT thing.

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helpful helpful  (Level 1)  |   11 Jul 2010 17:17

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Thank you for your help. I think my friend is going to take a chance that her insurance co won't check, she feels she has nothing to lose, I suppose they will tell on that, I personally think she should be honest with them just to deal with the consequences of her mistake!!

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