If you have been injured in a car accident, and it has transpired that your MOT certificate was expired at the time, then you should still be able to make a personal injury claim, and it may also still be possible to make a claim for damage to your vehicle. That’s because some insurers fail to write a section in to their terms and conditions relating to MOT testing.
We recommend reading through your insurance T&C’s as soon as possible, to see whether a section covering MOT expiry exists. If there is no such section, then you could argue this point when it comes to making a claim, should your insurer bring it up. However, insurers do not take MOT expiry lightly, and for this reason we strongly recommend instructing a solicitor who specialises in these kinds of cases to act on your behalf.
Can I still make a personal injury claim?
Your personal injury claim will be processed by your solicitor with the other side. Your own insurance company should have nothing to do with your personal injury claim, unless of course you instruct your insurer to appoint a solicitor for you. However, you have the right to commence a claim and appoint your own solicitor to your personal injury case, which we recommend, so that the issue of an expired MOT certificate will not be as prevalent.
One issue that may arise out of this, is if the other side refuses to accept blame for the accident, because your car did not have an MOT certificate, and therefore, could have been unroadworthy at the time and contributed to the accident. Unfortunately, such an argument does have legal weight, and for this reason, it is essential that you have proper legal representation, to fight such as outcome. Under the circumstances, your best move may be to settle on a ‘split liability agreement’, which is where both parties admit to some blame, and share the compensation 25/50, 50/50 or 75/50.
Will making a personal injury claim cost me anything?
Many people are put off making a claim out of fear that doing so will cost them. However, personal injury claims are processed on a ‘no win, no fee’ basis, so you will not have to pay any legal fees upfront nor during the claims process, or should your claim lose. The only risk with a personal injury claim is that should a claim lose, then the other side can bill the original claimant for their costs. However, specialist insurance policies are built into no win, no fee agreements, to eliminate this risk and ensure that you incur no losses.