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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Had an accident and MOT has run out.

46 replies

OrmRenewed · 23/03/2010 11:51

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.

OP posts:

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tutu100 · 23/03/2010 11:54

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 · 23/03/2010 11:56

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 · 23/03/2010 11:57

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 · 23/03/2010 12:02

Oh dear sorry - good luck.

Quink · 23/03/2010 12:03

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.

memoo · 23/03/2010 12:07

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 · 23/03/2010 12:09

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 .
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

cakeywakey · 23/03/2010 12:16

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

prh47bridge · 23/03/2010 12:17

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 · 23/03/2010 12:20

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 · 23/03/2010 12:22

orm - try not to panic. take care

MillyMollyMoo · 23/03/2010 12:31

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 · 23/03/2010 12:37

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

Sorry, Orm, not good news.

AvrilHeytch · 23/03/2010 12:46

This reply has been deleted

Message withdrawn

MillyMollyMoo · 23/03/2010 12:55

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 · 23/03/2010 13:19

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.

OP posts:

paisleyleaf · 23/03/2010 13:21

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 · 23/03/2010 13:22

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 · 23/03/2010 13:25

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 · 23/03/2010 13:35

Oh Orm, bad luck.

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

Good Luck.

Cadelaide · 23/03/2010 13:37

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

OrmRenewed · 23/03/2010 13:47

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

OP posts:

OrmRenewed · 23/03/2010 13:48

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

OP posts:

Blu · 23/03/2010 13:56

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.

MakemineaGandT · 23/03/2010 14:01

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

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