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Does an expired MoT invalidate car insurance?

My father had a car accident last year – his fault. He hit a motorcyclist, the motor cycle was a mess so I am guessing the motor cyclist claimed for a new motor cycle and for his injuries. Additionally the cost to repair my fathers car was £3k which his insurance paid.

However at the time of the accident my father's MoT had expired by three weeks. He genuinely forgot as he is nearing his mid 70s he gets more forgetful. I am led to believe that this means his insurance is not valid and therefore in theory he has to pay for his costs and the motorcyclist costs. My mother spoke to the insurance company today (as my father is not capable anymore due to health issues) and said they could be liable up to £80K in costs due to this mistake, they agreed that within 21 days she pays the cost to repair their own car which was £3k and everything will be settled.

Any advice on what my parents should do please?

Asked on 1 June 2023 by DM

Answered by David Ross
This situation depends on the terms of your father's insurance policy, as some insurers require a valid MoT while others may not. From your explanation it sounds as if your father's insurer will not pay out without an MoT.

We would strongly advise that you seek independent legal advice on this matter, but given that your father appears to be at fault and did not have a valid MoT, it may be advisable to accept the insurer's offer, although we would insist upon a written agreement that the matter would be settled if the payment is made.
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