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Old 9th March 2020, 20:31   #1
macafee2
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Default motor insurance and no mot

I know you can drive to and from an mot testing station with not mot... rules apply


If motor insurance is weeks or even months out of date and you are still using the vehicle, is your insurance invalid?
what happens if you hit or are hit my someone when your mot is so far out of date?

ANPR may pick up no mot but the vehicle will show as insured.

macafee2

I mean mot out of date not insurance

Last edited by macafee2; 9th March 2020 at 22:15..
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Old 9th March 2020, 21:31   #2
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Quote:
Originally Posted by macafee2 View Post
I know you can drive to and from an mot testing station with not mot... rules apply


If motor insurance is weeks or even months out of date and you are still using the vehicle, is your insurance invalid?
what happens if you hit or are hit my someone when your mot is so far out of date?

ANPR may pick up no mot but the vehicle will show as insured.

macafee2

That does not make sense. If motor insurance is out of date how can your insurance be valid? Do you mean MOT is out of date?

Insurance company will argue that if the car is in a dangerous condition that your insurance is invalid.
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Old 9th March 2020, 21:38   #3
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I think as well as being an offence you could have trouble with insurance - there might be an insurance expert watching who knows what they do in reality if the insured has inadvertently let MOT run out?

If car has no MOT I know you are allowed to drive it to MOT station but must show that an appointment exists.

One area I have found uncertainty with is that if car fails MOT and previous MOT has expired, or if the previous MOT has not expired but the fail is on account of a dangerous fault, you may only drive it to a place where it can be repaired. If you do own repairs that could be your home?

And even if using these clauses you may still be committing an offence if the car is dangerous.

That's my understanding happy to be corrected.
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Old 9th March 2020, 22:14   #4
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That does not make sense. If motor insurance is out of date how can your insurance be valid? Do you mean MOT is out of date?

Insurance company will argue that if the car is in a dangerous condition that your insurance is invalid.
sorry I meant mot out of date

car may or may not be MOT compliant but may not be dangerous

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Old 9th March 2020, 22:28   #5
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Not really sure as to what you are enquiring but if you are using your car with no MoT and not driving to a prearranged test, the insurers could well deem the car is not roadworthy and insurance invalidated. Driving to a prearranged test , also having the vehicle insured, is Ok whether the last MoT expired one day ago or 10 years.
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Old 9th March 2020, 22:51   #6
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Not really sure as to what you are enquiring but if you are using your car with no MoT and not driving to a prearranged test, the insurers could well deem the car is not roadworthy and insurance invalidated. Driving to a prearranged test , also having the vehicle insured, is Ok whether the last MoT expired one day ago or 10 years.
ok, so, not driving to a pre arranged mot or a non pre arranged mot but driving to the shops, work etc means the car is uninsured, is that correct?
I did/do think insurance would cover 3rd party, can you advise on this?

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Old 9th March 2020, 22:55   #7
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I've been through this exact scenario! Crashed my Land Rover only to find out the MOT had ran out 2 weeks before. Police (traffic cops) had no idea if it invalidated the insurance so held of charging me till they could clarify. In meantime I phoned insurance company and informed them that MOT had elapsed at time of accident. I tried asking them if it would invalidate insurance and again they weren't sure but not overly interested.
2 days later got the phone call from police stating that MOT didn't affect insurance and no charges would be forthcoming for driving without insurance!!
So in my experience no one really knows but after a bit of digging it would seem that driving a vehicle with expired MOT DOESN'T AFFECT YOUR INSURANCE.
The insurance company paid out a considerable £9000 for vehicle plus damage to other vehicle, I was rightly charged with careless driving and fined £100 for no MOT.
This is my experience and I have heard of insurance policy clauses that require an MOT but legally it seems this doesn't count. Also the Land Rover had no defects at the time.



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Old 9th March 2020, 23:59   #8
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Originally Posted by macafee2 View Post
ok, so, not driving to a pre arranged mot or a non pre arranged mot but driving to the shops, work etc means the car is uninsured, is that correct?
I did/do think insurance would cover 3rd party, can you advise on this?

macafee2
[B][COLOR="Blue"]My understanding, in law, would be that your insurance company could say that you have no insurance, because if you read your insurance regulations, it say’s that you must keep your car in a roadworthy condition.I.E. MOTd. You can drive to an mot centre, garage, providing you have booked an appointment and that fact can be proven by the mot/ garage centre by just a phone call from the authorities. One day or364 days does not make any difference especially if you have an accident and injured someone. Your question of third party insurance I would think, would not apply. Why would it? If your mot had fun out?
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Old 10th March 2020, 00:00   #9
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Your car must be insured for the person driving it. It does not have to have an mot, however it MUST be a safe and roadworthy condition, (and the driver is responsible for making sure of this).

An mot is only accurate at the moment it is given the pass. It is valid for a year, but the car could be driven out of the mot centre, and be hit hard by an HGV, rendering it unroadworthy, but the mot is still valid. If you now try to drive it, struggling to keep it in a straight line, the suspension then collapses completely, causing you to drive into a £900,000 Lamborghini Muira. Whilst you have a slip of paper only 10 minutes old stating your car has met the required standard, you are NOT insured. You rendered it invalid, by breaching the terms and conditions of your policy, because you were driving an unroadworthy vehicle <- this is the most important phrase to keep in your mind.

Now the question is, does the owner of the Muira's insurance get paid by your insurance company, or do they now claim from the MIB who may then pursue you in court?

Hopefully the court cases for dangerous driving, driving without insurance, using a defective vehicle on the road and the claim from the MIB, will be on the same day and you can save the bus/taxi fares from multiple trips to the courts lol.
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Old 10th March 2020, 00:55   #10
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[B][COLOR="Blue"]My understanding, in law, would be that your insurance company could say that you have no insurance, because if you read your insurance regulations, it say’s that you must keep your car in a roadworthy condition.I.E. MOTd. You can drive to an mot centre, garage, providing you have booked an appointment and that fact can be proven by the mot/ garage centre by just a phone call from the authorities. One day or364 days does not make any difference especially if you have an accident and injured someone. Your question of third party insurance I would think, would not apply. Why would it? If your mot had fun out?
an MOT is not proof of roadworthiness. It states as much on the certificate (at least in NI it does). The driver is responsible for making sure the car (any vehicle they drive) is roadworthy. If they are not capable or confident in doing so, then having someone check it for them.

If it is unroadworthy, it would then be up to an engineer or a court to decide if it was reasonable to assume the car to have been roadworthy. This I imagine will be based upon the evidence of any collision, your statement, witness statements and the engineer's expertise.

An example would be my niece's car, in January. The front strut recently collapsed due to rust at the spring cup, 2 months after her MOT (northern irish). When she got the car, in May last year, the struts looked like any other 10 year old strut. What looked like surface rust, but felt sound - I actually prodded the one that ultimately collapsed (although not where it failed ).

Keep in mind, that she is a 19 year old 'princess' (well to be fair she isnt really, she holds down a near full time carers job, whilst at college but when it comes to the car she is totally clueless - a typical 19 year old girl).

So would it be reasonable for her to be driving it, 2 months after her MOT, and it was to collapse, then causing her to have a collision? (she didnt though). I would say that it would be a reasonable assumption for it to be roadworthy.

Now add this factor into the equation. She had complained to her mother (my sister) two days before, that it was making a strange noise when she turned corners or drove up the dropped kerb at her house. I would now say that it is not reasonable for her to assume that it was not roadworthy, especially since she was told to take it to either me, or their mechanic.

After my initial fear for her being out on the road and it failing on her subsided, I was angry at both her and my sister for not saying something. Then I get told off for having a go, for suggesting she could have killed both herself or someone else had it failed on the motorway (this was a strut failure, not a spring failure). Then she is coddled by my sister after I upset her (yes I did have a go at my sister after that too lol). For completion, both struts were replaced, along with the tyre I damaged whilst driving it at 10mph, to my father's house, a 1/2 mile away from where it collapsed, at 11pm.
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