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If a car has no MOT does it automatically become uninsured?


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I have heard it said that if a car has no MOT the insurance becomes void.I fail to see why as the offence does not carry penalty points, and I have never heard of anybody being prosecuted for the offence also being prosecuted for no insurance.Anybody know for sure?

 

we drive cars all day with no mot and we are properly insured for every one and a car can be perfectly safe to use with no vosa test.

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The following snippet was copied from Parkers.co.uk -

 

"Driving without a valid MOT

 

Driving without an MOT won't always make your insurance invalid. In most instances the insurers will still pay out in full - and if your car is stolen, or damaged, the payout will usually only be reduced to reflect the value of the car without a current MOT.

 

However, some policies state in the small print that an MOT must be in force. Only in instances where the vehicle has a fault which contributed to, or caused the accident, can the claim be rejected. Driving without an MOT does carry a potentially hefty fine though."

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Cars less than 3 years old have no MOT. Cars on their way to an MOT test also might have no MOT.

 

You have to keep the car roadworthy - a car can be unroadworthy and still have a valid MOT and vice versa...

 

Furthermore once an insurance company has taken you on risk they CANNOT repudiate their third party liabilites like this. They can decide to chase you for it, but the liability to the third party must be satsified. (road traffic act 1988 s 148 )

 

This is a very grey area. You can of course take a car for testing whilst it still has a valid MOT certificate. If the car fails the test driving it home might well give the insurance company grounds to void your policy. It will still cover third party claims but not much help to you if you have hit a truck with a 4 year old Merc.

 

---------- Post added 22-01-2015 at 16:58 ----------

 

 

No it doesnt.

 

I've got three cars. None of them has an MOT. All of them are legally insured.

 

I have a few cars fully insured without MOT. They are parked up in my lockup garages on SORN. Some no longer require MOT due to age.

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This is a very grey area. You can of course take a car for testing whilst it still has a valid MOT certificate. If the car fails the test driving it home might well give the insurance company grounds to void your policy. It will still cover third party claims but not much help to you if you have hit a truck with a 4 year old Merc.

 

---------- Post added 22-01-2015 at 16:58 ----------

 

 

I have a few cars fully insured without MOT. They are parked up in my lockup garages on SORN. Some no longer require MOT due to age.

 

The insurance to and from an MOT station is the same,even if its failed.

The only thing that would change that is if the vehicle was deemed unroadworthy,or dangerous.There are many things that could cause a fail that would not qualify for it to be unroadworty or dangerous.

A number plate in the wrong location for example.

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The problems start when you have an accident.one of the first things the insurance company ask for is to see your MOT certificate if you haven't got one they will say your car is not roadworthy and should not be on the road,so they will refuse to payout.

 

---------- Post added 22-01-2015 at 17:43 ----------

 

This is a very grey area. You can of course take a car for testing whilst it still has a valid MOT certificate. If the car fails the test driving it home might well give the insurance company grounds to void your policy. It will still cover third party claims but not much help to you if you have hit a truck with a 4 year old Merc.

 

---------- Post added 22-01-2015 at 16:58 ----------

 

 

I have a few cars fully insured without MOT. They are parked up in my lockup garages on SORN. Some no longer require MOT due to age.

 

Yes so have I they are pre 1959 cars though...

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The problems start when you have an accident.one of the first things the insurance company ask for is to see your MOT certificate if you haven't got one they will say your car is not roadworthy and should not be on the road,so they will refuse to payout.

 

---------- Post added 22-01-2015 at 17:43 ----------

 

 

Yes so have I they are pre 1959 cars though...

 

Its already been covered,id read it and learn.

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The insurance to and from an MOT station is the same,even if its failed.

The only thing that would change that is if the vehicle was deemed unroadworthy,or dangerous.There are many things that could cause a fail that would not qualify for it to be unroadworty or dangerous.

A number plate in the wrong location for example.

 

Indeed there are many reasons that a car failed its MOT. They may or may not have a bearing on the roadworthyness of a car. But if I was involved in an accident and putting in a claim I'd certainly prefer not to be telling the insurace inspector that it had just failed an MOT inspection.

The problem with driving a car home that has failed an MOT is that you are aware of driving an unroadworthy vehicle.

 

It is covered here.

 

http://www.confused.com/car-insurance/blogs/can-you-drive-your-car-if-it-has-failed-mot

 

Falling foul of these laws could not only land you in hot water with the DVLA and the police, it could invalidate your insurance.

 

We started with a simple question: You can arrange a test up to one month before your current certificate ends. But can you still drive the car if it fails the new MOT?

 

Well, it depends on two things.

If your current MOT has expired

 

The law is quite clear: you MUST have an MOT. Without it your insurance is void and you’re breaking the law.

 

So say, for example, your MOT runs out on 30 November and you’ve got a test booked for that same day.

 

If your vehicle fails and you need to wait a day or two to get repairs then you shouldn’t be driving the car.

 

Although the law states that in this instance you can take the vehicle to a test station for an MOT test booked in advance or bring it away from a test station after it has failed the MOT test, to a place of repair.

 

But otherwise, driving around between test and repair is an offence.

If your current MOT is still in date

 

Here’s where it gets complicated.

 

To encourage drivers to keep on top of vehicle maintenance, the Vehicle and Operator Services Agency (VOSA) allows you to arrange a new MOT test up to one month before your current certificate ends.

 

In theory, this means that if it fails you’ve still got time to get quotes and get it fixed before the previous MOT actually expires. The earliest date that you can do this is printed on your existing certificate.

 

However, if the vehicle does fail the new MOT, you shouldn’t be driving it. Here’s why.

 

Although you’re not breaking the law by not having an MOT (because your old certificate is still valid, remember) you could be prosecuted for driving a defective vehicle, if stopped by the police.

 

Whether it’s a broken lightbulb or brake failure, you’d be guilty of driving a car that has known faults.

 

So, your best bet is to get it fixed ASAP and not to drive it in the meantime.

 

A VOSA spokesperson confirms: “Should you present your vehicle early and the vehicle fails the test, your original certificate still remains valid until its expiry date.

 

"But this does not mean that you are entitled to continue to use a defective vehicle.

 

“However, once the defects are repaired you can continue to use the vehicle until either it is retested or the original test certificate expires.

 

"Remember a current test certificate does not allow continued use of a defective vehicle on a public road.”

What is roadworthy in the eyes of the law?

 

The MOT is a test of roadworthiness, so if it fails on any point it’s safe to assume that the vehicle is unroadworthy in the eyes of the law.

 

Motoring lawyer Jeanette Miller says failing an MOT test does not automatically render a vehicle defective or unroadworthy.

 

However, should police pull you over and investigate further or you’re involved in an accident, there is a risk of prosecution under dangerous driving laws.

 

Jeanette says: “The fact that the vehicle has failed an MOT is probably a good sign that there is a material defect with the vehicle.

 

The most serious offence for which you can be charged for using a vehicle that is not roadworthy is dangerous driving, for which the most serious punishment is two years in prison.”

 

She also warns that there is a string of offences for having a car with defective parts, even if they are not necessarily dangerous.

 

For example, driving with a defective exhaust or lights is punishable by a fine up to £1,000, while driving with defective brakes/steering/tyres is punishable with up to a £2500 fine and three penalty points.

 

And more importantly, a driver risks being convicted for using a vehicle with a known fault.

Insurance implications

 

Although the chances of being pulled over by the police (and them inspecting anything other than the condition of tyres and working order of lights) are slim, your insurer might come down harder should you have an accident.

 

You’d have a hard time convincing an insurer to validate any claims if you had an accident while using a vehicle that has failed a new MOT, even if the old certificate is still valid.

 

So, the onus here is on you to be sure the vehicle is not defective and is safe to be on the road.

Edited by roosterboost
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Cars less than 3 years old have no MOT. Cars on their way to an MOT test also might have no MOT.

 

You have to keep the car roadworthy - a car can be unroadworthy and still have a valid MOT and vice versa...

 

Furthermore once an insurance company has taken you on risk they CANNOT repudiate their third party liabilites like this. They can decide to chase you for it, but the liability to the third party must be satsified. (road traffic act 1988 s 148 )

 

---------- Post added 21-01-2015 at 17:18 ----------

 

 

No it doesnt.

 

I've got three cars. None of them has an MOT. All of them are legally insured.

 

I have three cars, all legally parked on the roadside. On the day their MOT's expire, they will be illegally parked on the roadside. No MOT, means no insurance means their owner (me) would be committing an offence.

 

Angel1.

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