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Had an accident and MOT has run out.

(47 Posts)
OrmRenewed Tue 23-Mar-10 11:51:39

I pulled out and hit a car today. Or so the other driver said. I reckon I was already out and stopped but she seems so sure and I can't remember. ANyway both cars have got broken 'wishbones' so I couldn't steer mine at all. Oil all over the road so something in that areas buggered as well. A very lovely women communitiy PC was there and held my hand and sorted things out for me. Got recovered back to a local garage who are going to sort the car out. The other driver was very nice (in the end) and so were all her assorted friends and family that came over to have a nose. Rang work to tell them. Can't get hold of DH.

Got home. Found my driver's licence and the insurance - all fine. But my MOT ran out 2 weeks ago! That is serious yes? on our old car it ran our just before the insurance was due. Oh shit! I've got to take all my documents to the police station. What will happen?

I am such a state. Advice please

And to top it all although I am fine, I saw the order driver when I was walking home and it looks as if she has whiplash. I feel so bad.

tutu100 Tue 23-Mar-10 11:54:44

It's not good no. You may have invalidated your insurance through not having an MOT and the police may persue further action.

Sorry I can't be more positive. Ring your insurance company and see what they say and then take it from there.

Good Luck.

tutu100 Tue 23-Mar-10 11:56:14

Sorry I also meant to say I once drove round for 2 weeks with no MOT as I forgot that the previous year I had the MOT done early and could find the old certificate so lost a couple of weeks. I was horrified when I realised I'd done it so you really have my sympathy as I know how easily done it is.

ginnybag Tue 23-Mar-10 11:57:28

No, it's not good, but you can't avoid it.

Do as advised above. Ring your insurers asap - you need to do this anyway - and then go into police station and explain.

Good luck!

leoleosuperstar Tue 23-Mar-10 12:02:31

Oh dear sorry - good luck.

Quink Tue 23-Mar-10 12:03:40

Oh dear, I do sympathise, I've done this myself. You could, however, have quite a big problem on your hands: no MOT is a criminal offence and will in all probability invalidate your insurance. Driving without insurance is also an offence and more serious than the MOT, you're looking at a fine and points. Then the implications of damage to your vehicel and the other if you are uninsured...

I'm really sorry. As I said, I've done it myself, so I know how easy it is. sad

memoo Tue 23-Mar-10 12:07:01

Your insurance is only valid if your MOT is in date so effectively you were driving uninsured.

You need to get legal advice about this ASAP!! I'm speaking from experience (well a friends DH)

Ripeberry Tue 23-Mar-10 12:09:13

There is not much you can do, the insurance will be invalid, so your car and damages won't be met. The other driver's insurance will pay out but ONLY if it's comprehensive, then they will try and claim it back off you.
And of course the police will charge you sad.
This kind of thing nearly happened to me a couple of years ago, drover around for almost 10days with no MOT and then it took ages to get it booked in.
Problem is, insurance and police look at facts and are not interested in any 'excuse'
Sorry sad

cakeywakey Tue 23-Mar-10 12:16:50

Really sorry Orm, it's so horrible to be in a car accident, is there someone around who can go down to the police station with you, you could be in shock.

I can only echo what other posters have said about your insurance, hope you can get things sorted out as soon as possible. It's a genuinely easy mistake to make but it may be an expensive one sad

prh47bridge Tue 23-Mar-10 12:17:03

The police have access to the computerised MOT records so they will know that you were driving without a valid MOT certificate. This is an offence which can lead to a fine of up to £1000 if the police take you to court. However, the police may simply issue a fixed penalty notice which would cost you £60.

Driving without insurance can lead to a fine of up to £5000 plus 6 to 8 penalty points. It can also lead to disqualification. However, the police again have the option of giving a fixed penalty of £200 plus 6 penalty points. I think there is a reasonable chance the police won't pursue this at all as you clearly weren't deliberately driving without insurance and the Motor Insurance Database will show that your vehicle was insured.

There are no guarantees but I would hope the police would go down the fixed penalty route in your situation if they feel that something stronger than a stiff talking to is required.

When you take your documents to the police, admit the problem before they spot it and be very apologetic. Don't argue with them. Agree with everything they say and be very contrite.

Regarding your insurance, talk to your insurance company. They may take the view that, as the accident was not due to a problem with the roadworthiness of the vehicle, you are still covered.

Good luck with getting this sorted out.

prh47bridge Tue 23-Mar-10 12:20:23

Having reread it, I think I may have tried too hard to be positive in my last post. I think it is unlikely you will get away with just a stiff talking to but you never know. I would hope you will get away with fixed penalties for both offences. Anything better than that is a bonus.

BariatricObama Tue 23-Mar-10 12:22:55

orm - try not to panic. take care

MillyMollyMoo Tue 23-Mar-10 12:31:57

I got caught out with no insurance, house move slipped my mind etc etc anyway it was three points and a £300 so not the end of the world.
The repairs to your and the other lady's car maybe a different matter though and pray she doesn't claim an injury.
If the worse comes to the worse and she does suddenly develop whiplash tell her she has to go through www.itsmyclaim.co.uk/com
That way you will not get stung for thousands in solicitors fees on top of her pay out.

OldLadyKnowsNothing Tue 23-Mar-10 12:37:59

I don't really think an uninsured driver can "make" a victim do anything. hmm

Sorry, Orm, not good news.

AvrilHeytch Tue 23-Mar-10 12:46:39

Best of luck with all this.

MillyMollyMoo Tue 23-Mar-10 12:55:00

Well you could certainly point out to the victim that winning in court and lining her solicitors pocket is one thing but if the person being sued has nothing to give then nobody wins do they ?
Worth a try I'd suggest.

OrmRenewed Tue 23-Mar-10 13:19:39

Thanks everyone.

I was told by the PCSO that I needed to present my details at the polic station. So I did. She asked if this was the only MOT I had, I said yes, and that was it. I don't suppose it means I won't be charged or cautioned or whatever, but at least nothing was said at the time.

DH came home to give moral support bless him! He has just been to the garage and the advised him not to claim at all for our damage. In that way we won't have to provide documentation to the insurance company (touch wood). The car will be MOT-ed at the same time as the damage is fixed.

Fingers firmly crossed.

paisleyleaf Tue 23-Mar-10 13:21:36

Finger crossed for you. What a nightmare.
I would think that they'll see from the date of the MOT that it's a genuine slip up. But whether not not that makes a difference, you'll have to see.

jeee Tue 23-Mar-10 13:22:18

Milly, telling the victim to do something is going to have one simple result. They'll go and do the opposite to what you say.

Orm, good luck. It will be obvious to insurance/police that you had no intention to let your MOT expire, if you're fully insured, etc., and so I think they'll be much more likely to be flexible.

MillyMollyMoo Tue 23-Mar-10 13:25:29

I disagree most people are fairly happy to co-operate, I wouldn't want to think I'd bankrupted a family to pay for damages and costs 95% of which will end up a solicitors firms pocket not mine anyway.

Lets hope it doesn't come to that.

Cadelaide Tue 23-Mar-10 13:35:07

Oh Orm, bad luck.

We recently drove for three months without an MOT, it's easily done when life is hectic.

Good Luck.

Cadelaide Tue 23-Mar-10 13:37:12

Oh, and we're available for tea and sympathy any time you're passing! smile

OrmRenewed Tue 23-Mar-10 13:47:34

Thankyou cadelaide. ATM I am holed up at home with a large mug of proper coffee.

OrmRenewed Tue 23-Mar-10 13:48:57

I blame the car actually. I never had a single accident till we had this one and much as I like it every other way, I do find visibility quite poor when looking behind

Blu Tue 23-Mar-10 13:56:29

Huge sympathies, Orm.
It's a bugger, isn't it/
because no-one gets any money from an MOT (unlike the insurace co and the road tax) it isn't in anyone's interests to send you a reminder.
I pout mne down in my 'birthday calendar' - and write 'MOT' on the last da of dec in my current diary, to remind me to out it down in my new diary.

What is your car? (with less than briliant view). (am thinking of changing mine soon, so interested)

I hope it all works out as trouble free as possible.

I drove for a few weeks recently without MOT - just forgot about when it was due. Why can't they write to remind you in the same way they do for road tax I wonder? It must be a very common mistake

OrmRenewed Tue 23-Mar-10 14:03:42

Thanks blu.

We only bought this one a year ago and prior to that the MOT ran out a month before the insurance. So when we got the insurance reminder we knew it was time for the MOT. Not an excuse I know but it was why we forgot.

It's a Ford Galaxy (7 seats), diesel. In every other way I can't fault it though.

lou031205 Tue 23-Mar-10 18:04:35

Poor you sad

OrmRenewed Tue 23-Mar-10 18:06:02

Agree makemine. Since they are going to makes such as song and dance about it! (well actually they haven't yet grin)

Doyouthinktheysaurus Tue 23-Mar-10 18:19:31

Hope you are ok Orm, it must be really stressful for you.

We've done this too. Thankfully not had an accident but drove around for a couple of weeks after the MOT expired.

I'm sure people must do it all the time.

Have lots of cake....that's my answer to most of life's problemsgrin

Blu Tue 23-Mar-10 18:23:10

I think forgetting an MOT when it isn't linked to tax or insurance renewal date is more than understandable. I bet this thread has many, many people frantically checking their own.

Really bad luck.

OrmRenewed Tue 23-Mar-10 18:27:47

Thanks both smile

Good point!! EVERYONE CHECK YOUR MOT!

groundhogs Tue 23-Mar-10 18:38:56

I had this happen to me. As it was, i was only 10 days adrift, and this was a long time ago.

but i still claimed, they still paid out.

As I see it, you could get an MOT cert, drive out of the garage, and a stone flies up and cracks your windscreen... your car would have a valid cert, but would definitely not be able to repass another inspection...

Hoping that it all goes well for you.

RumourOfAHurricane Tue 23-Mar-10 18:47:36

Driving without an MOT is not a criminal offence as someone stated earlier- it is a traffic offence. There is a difference.

Orm- it isn't great but then again, it's not the end of the world either. You won't be arrested, the police will not be taking further action against you and you won't be thrown in a cell any time soon. The main problem you will have is your insurance company not paying out.

wotdoido Tue 23-Mar-10 18:57:45

I very nearly did the same with MOT. Luckily realised night before. Got it booked in on day. Hope it goes ok.

OrmRenewed Tue 23-Mar-10 20:22:00

Thanks again everyone. So glad I am not the only muppet about hmm

The woman I hit rang tonight and I braced myself for an earbashing but she was so so kind. She was worried about me and rang to see if I was OK because I had been so upset. She has wrenched a muscle in her shoulder but has been given painkillers and will have physio if it doesn't ease. But she was concerned about me! Seems to be a conspiracy to retain untouched my pollyanna syndrome about human nature smile.

The van I hit belonged to the bakery and that has been fixed already. DOn't know if that means they won't bother with insurance. Will have to see.

gettingout Tue 23-Mar-10 20:32:11

A girl I am in college with had an non-fault accident and then found out that her MOT was 7 months out of date.
This was a few weeks ago. She has to pay the first £250 of her claim when normally she wouldn't pay at all but there is no other penalty. The police are not going to pursue her although they were involved on the day and she had to produce as you did.
I hope it is the same for you.
Good Luck

OrmRenewed Wed 24-Mar-10 10:37:07

Thanks gettingout - I hope so too! DH reckons that as nothing was said at the police station when I had to produce the documents that I won't have a problem from them.

theyoungones Tue 04-May-10 10:05:53

I've just read all this with interest and my heart goes out to you. I once drove around without any MOT & didn't realise for ages so now I always have it on my calendar.
That hasn't stopped my hubby from forgetting his was due last Fri and he actually got stopped by the police for an innocent mistake and asked to produce on bloody Saturday - the day after!
It wasn't until we got home that we realised the MOT was out of date by a day. The car is in the garage having it's MOT today so fingers crossed it passes. Interestingly, the garage owner thought the police might not even notice if he just produces the new certificate (though I'm skeptical about that). And I read something else online stating that insurance companies don't ask for MOT documentation so, if you have an accident and no MOT, then it shouldn't be a problem (that said, personally I wouldn't bet on it!!)
Good luck - and let us know what happens!
xx

loulou2508 Tue 07-Dec-10 20:35:27

Orm any further update, the same thing has just happened to me and im distraught. My mot ran out on 1st and had a little bump on 2nd - just found out about mot today and been sick through worry x

c0rns1lk Tue 07-Dec-10 20:46:56

poor you orm
I had an accident once and insurance was out of date (which eventually turned out to be fault of the insurer so all okay).I spoke to a solicitor who assured me that the police were very unlikely to become involved and the main problem would be paying the other parties claim. She also phoned the insurance company for me as she knew what to ask.
There were 2 passengers who both claimed for whiplash (despite the only damage being a cracked tail light) hmmThe guy was beaming when he got out of the car - he had ££££ signs in his eyes - I had a 'no win no fee' solicitor letter through my door within days. Was very stressful but all got sorted out in the end and all I paid was my solicitor fee and the excess.

WestVirginia Tue 07-Dec-10 21:14:19

Please do not be discouraged by all the negative comments from other posters.

Our MOT ran out earlier this year. We got stopped by two very pleasant and friendly Police officers. They have ANPR computers in some of their police vehicles which are linked to DVLA, MOT, and Insurance databases, so they reminded me that the MOT had expired about 14 days previously. They said to me "Do not worry, we are just giving you a friendly reminder" No ticket, they did not say that our Insurance was not valid.

I think other posters who say your Insurance is made invalid by your oversight are mistaken and causing you unnecessary anxiety.

Daerve Fri 17-Dec-10 21:30:12

Your insurance policy will not state that the car has to have an MOT, simply that it must be in a roadworthy condition.

You won't get points, at worst it's a £60 fine and most likely no action at all seeing as it's not really in the public interest if you have just smashed your car up anyway.

lal123 Wed 22-Dec-10 18:33:07

to the last couple of posters - you do realise the accident happened months ago now??

Mumsnut Wed 22-Dec-10 21:51:17

SO WHAT HAPPENED THEN, ORM????????????????????

Resolution Thu 23-Dec-10 10:27:44

Insurance companies won't pay out if there's not a valid MOT.

www.direct.gov.uk/en/Motoring/OwningAVehicle/Mot/D G_4022108

West V - insurance companies are not Father Christmas.

The insurers will still have to pay out any third party claims, but would be able to recover that from you.

christineruss Wed 27-Feb-13 18:46:26

There are quite a few websites that can be set up to send you reminders. The government has an official site at https://www.gov.uk/check-mot-status-vehicle which works on the registration number. To get all your car reminders in one place there is also myowncar.co.uk which has a calendar and lets you check that the kids at uni are looking after the car re service, MOT and insurance.

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