What if Your MOT is Expired in a Road Traffic Accident?


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By Grace Hickman

on Friday 31 August 2018


MOT Expired sign

Having an MOT (Ministry of Transport) check on their vehicle is not only routine, but a legal requirement.

As of May 2018, new MOT rules were introduced; new fault categories have been added and more items on the vehicle are to be checked to further identify potential risks and dangerous faults.

The two main reasons for these new changes are:

  • To ensure safer driving for road users.
  • To reduce the number of risks imposed on the environment.

This added level of safety is reassuring for all road users and it means that the number of road traffic accidents and fatalities will, hopefully, continue to decrease.

As a driver, you are responsible for checking that your car is roadworthy and keeping tabs on whether or not your vehicle's MOT test is up-to-date.

MOT Checks and the Law

As stated in the Road Traffic Act 1988 (section 47), “a person who uses a motor vehicle of which no test certificate has been issued is guilty of an offence”.

If you have a vehicle that is more than three years old, it is the law that your car must be tested and that you have a valid MOT certificate.

Having no MOT certificate is tantamount to having no car insurance, as this is also illegal. In order to get insurance for your car or another vehicle, you need an MOT certificate to do so.

Get caught driving without an MOT certificate by the police and you could face a fine of up to £1000, as well as six to eight points on your driving license.

More importantly, not having a valid MOT puts you and other drivers at risk – increasing your chance of being involved in a road traffic accident.

Road Traffic Accidents

The good news is that over the last ten years, the number of road traffic accidents has decreased by around 60%; the bad news is that thousands of accidents and fatalities still occur every year.

The most common causes of car accidents are:

  • Driver error due to slow reaction time, being distracted or under the influence of alcohol or drugs.
  • Poor road quality.
  • Equipment failure.

While mechanical faults in vehicles only account for around 2% of road accidents, it is still vital to ensure that your car has been checked and that you’ve addressed any possible technical issues.

Even if you have a feeling that something may be wrong with your car, but you're not sure what, it is best to get it checked immediately.

Doing these things will reduce your chances of being involved in an accident whereby you incur costly damage to your vehicle, suffer a personal injury, or worse, death.

Determining who is at fault in an accident can be difficult – was it human error? The other party’s fault? A fault with the vehicle? This is where a car accident lawyer can help you.

And what happens if you have an accident and crash without an MOT? Let’s explore further.

Am I Covered in a Car Accident With No MOT?

Generally, if you have a non fault car accident with a car that has no valid MOT certificate, it doesn’t affect your right to claim – your insurance will be valid and the other party’s insurance will cover the repairs and compensation payout (if it is 100% not your fault).

A common question asked is “Does no MOT void insurance?” If it is a non-fault accident and the other party’s negligence caused the collision, you should still be entitled to a compensation payout.

If, however, your car is written off, it is worth a lot less without an MOT, so you could receive less.

It is important to note that insurance policies differ from insurer to insurer, and a lot of insurers don’t mention this issue in the terms and conditions of your car insurance policy.

Don’t panic in this situation – being involved in a car accident where your MOT certificate has expired doesn’t usually invalidate your insurance.

If you’re not sure, it is worth checking with your insurer what your policy says about a lack of MOT.

Check Your MOT Certificate Now

To save yourself any trouble, make sure you know when your last MOT check was carried out. If your car’s MOT check is up-to-date, then there is less possibility of problems occuring for you, your passengers and other drivers on the road.

Anything you’re unsure about, make sure you contact your insurer and know exactly where you stand.

Even with a valid MOT certificate, accidents do happen.

At Non Fault Claims, we can help give advice about non-fault accidents. Our No Win No Fee lawyers can also help determine who is at fault in your road traffic collision.

Compensation can help to cover any costs incurred as a result of the accident – whether that’s vehicle repairs, medical costs or any other expenses.

Call us today if you've been in a non-fault car accident and you'd like to find out more about claiming for vehicle damage or a personal injury.

For more information on the new MOT changes, read our page New MOT Rules 2018

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