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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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I have never been in a position like this before having always

Customer Question

I have never been in a position like this before having always taxed, insured and MOT'ed my car each year.
I met with an accident on M25 motorway, I informed to my insurance company, my ignorance I didn't take the 3rd party details. An international truck tapped my passenger rear side due to which my car spun and crossed 3rd lane and hard shoulder.
There were no major injuries, and I drove that car back to home on 1st April. I went last week to inform this incident to police and been told to produce my driving licence, insurance documents and MOT certificate within 7 days.
It was at this point that I realised with horror that there very possibly wasn't a valid MOT certificate. My MOT ran out Jan 24th 2015. It was a genuine oversight on my part and I am in a terrible state worrying.
My insurance company had sent the car to garage to get an estimation for repairs. I have been told theat the car is not worth of repairs as the expenses are too high then the car value. They did confirm that the car is drivable. It is not written off but is total loss condition. I am concerned what the insurance company will do when they discover this. Will the police tell the insurance company? What kind of punishment am I looking at?
I am not using that car now, as I bought a new car. What is the advise for me?
Shall I go and tell police the same?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are the police involved in this already?
Customer: replied 2 years ago.

I went to police station to report this incident.

Expert:  Jo C. replied 2 years ago.
What action have they taken?
Customer: replied 2 years ago.

She filled in the road collision form and asked me to bring MOT certificate and driving license counter part.

She didn't say anything else

she gave me that information leaflet on road collisions

Expert:  Jo C. replied 2 years ago.
Ok. There is no way around it then.
Just produce what you can. They will report you for not producing your MOT and they may summons or they may not. Quite often they do forget. If they do then you will have to accept the offence. It only carries a fine.
You do need to tell the insurers about it. They will find out in the end. Im afraid they could use this as an excuse to dishonour your claim. They are almost certainly entitled to because you were driving a car without an MOT. The truth is that they probably won't. They do not generally if you have a good record hitherto of keeping your cars MOTed and taxed.
However, it is much better if you tell them than they find out from other sources.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

How much fine it would be?

Expert:  Jo C. replied 2 years ago.
Usually only just over £100.
Having no MOT is not the worst offence.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

what if, if I don't go back with the details to police station?

Expert:  Jo C. replied 2 years ago.
Then you face the risk that they will summons you for not having them.
Customer: replied 2 years ago.

So I need to take the expired MOT and explain them the situation?

Expert:  Jo C. replied 2 years ago.
That is what I would do.
Nothing may well happen.
Customer: replied 2 years ago.

Sorry to bombard with lot of questions :(

I read in Gov.uk website that the fine could be 1000/- for not having an MOT?

Expert:  Jo C. replied 2 years ago.
It is no problem and, in fact, at least you arent asking the same question continually in the hope of getting different answers like some people do.
It is a maximum of £1k. It won't be anything like that.

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