Taxed but no insurance, MOT

DaveOwl

DaveOwl

DaveOwl

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Joined
3 Nov 2005
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611
In a bit of a debate with my work colleagues at the moment and need something clarifying.

I was having my car valeted outside my house before I went to take it for an MOT (will be selling it very soon) and basically another driver nearly took my door off and has caused £500 worth of damage in the process to mine and some to theirs too.

I have never driven this car when it hasn't had insurance and the MOT expired the night before it happened - as mentioned this had been booked for the very same day and I was going to also get temporary insurance for a month so I could do that and sell it.

Where would I stand with this?
 
DaveOwl said:
In a bit of a debate with my work colleagues at the moment and need something clarifying.

I was having my car valeted outside my house before I went to take it for an MOT (will be selling it very soon) and basically another driver nearly took my door off and has caused £500 worth of damage in the process to mine and some to theirs too.

I have never driven this car when it hasn't had insurance and the MOT expired the night before it happened - as mentioned this had been booked for the very same day and I was going to also get temporary insurance for a month so I could do that and sell it.

Where would I stand with this?
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No tax + no MOT + car on the street = illegal, no idea if that'll have a bearing on it though, you can still claim off his insurance but you'll probably need to get your own solicitor to do it.
 
Missed that, just get some legal advice and claim off his/her insurance, doesn't matter if you were insured, he's still damaged your property.
 
As long as it's taxed you're fine. You weren't driving the car so there was no need to have your own insurance. Claim away.
 
Yeah to clarify, it was parked up - I was not even outside when it happened. I have the valeter as a witness to this with everything that happened :) I 100% have valid tax but at that moment it happened no insurance and the MOT expired the night before.

I just wanted to make sure though that it would not be reversed on me if I claim. You know what rival insurance companies are like, any excuse not to pay out.

The car is already in to be fixed and should be complete on Wednesday. I DO have pictures on my phone of the evidence. Would this affect anything?
 
daz said:
As long as it's taxed you're fine. You weren't driving the car so there was no need to have your own insurance. Claim away.
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Thats wrong, the car was on public highway so needs insurance. Technically the other party should report in person to a Police station as at the time you were unable to exchange insurance details.

What has happened thus far with regards trying to claim, what did the other party say ?
 
I haven't claimed at all yet I just want to know where I stand. I'm paying for the repairs for my own car with the expectancy that I may not get any help towards the costs hence wanting to check.

Plus they live about 5 seconds away from me so no real need to exchange insurance details immediately.
 
I'd go with Shimmyhill on this one. 'Parking' a car on the road means that the car is still in use, therefore needs valid tax and insurance, as the car wasnt being driven then i dont think the MOT comes into play. According to the RTA 1988;

143 Users of motor vehicles to be insured or secured against third-party risks

(1) Subject to the provisions of this Part of this Act—

(a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

In my view, parking on the street implies 'use', but i would guess it would be at the opinion of the courts as to whether parking does mean use.

You may be better off not claiming but seeing if the guy will fork out for the repair from his own pocket.
 
A car doesn't have insurance - a person has insurance. I suppose it depends on the definition of 'in use' but it's an interesting point, would be good to get some clarification or see if there have been any similar cases in the past.
 
does it matter how legal or ilegal your car was if it was not your fault and its their insurance thats being claimed on? (unless they are going to dispute the fact or something)
 
would imagen you can claim for the damages but you also have to have the car insured by law to have it parked on the street so it might come round full circle and you might end up in more trouble than its worth
 
edscdk said:
does it matter how legal or ilegal your car was if it was not your fault and its their insurance thats being claimed on? (unless they are going to dispute the fact or something)
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they can dispute the pay out or even be as picky to pay out for the damages aslong as the uninsured vehicle is dealt with aswel, which i would imagen will be an IN10 offence which a lot of insurance companies wont cover
 
SGWills said:
would imagen you can claim for the damages but you also have to have the car insured by law to have it parked on the street so it might come round full circle and you might end up in more trouble than its worth
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That's exactly what I'm thinking about but not sure on. I need to get this confirmed somewhere - was hopeful it would be cut and dry but apparently not :)
 
daz said:
A car doesn't have insurance - a person has insurance. I suppose it depends on the definition of 'in use' but it's an interesting point, would be good to get some clarification or see if there have been any similar cases in the past.
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The car is insured that's why you give insurance companies your registration number. As a result if any vehicle is on the road or public accessible property it must have minimum 3rd party insurance with no exceptons.
 
If your car is parked on a highway it needs insurance. Imagine your handbrake cable snapped and rolled into someone else's car/property.
 
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