Road accident

[Ljm94]

So unfortunately I was involved in a road accident which wasn’t my fault, later to find out by the police said my bike had no MOT! When purchasing my bike 7 months ago the proof of purchase included extras plus “12 months MOT”. It didn’t cross my mind to even look for a MOT Certificate because of the proof of purchase said it had a fresh ticket and with it being from a 5 star garage it didn’t cross my mind to think I would be in this situation. When contacting the garage they said it was my fault as it my responsibility to know when it is MOTd, even thou I had it in black and white saying what I’ve been sold? Really would hate to think an accident which was my fault could affect the outcome for something which I was totally unaware of - any help on this would be great as I’m dreading the worst anyway

Just to add I didn’t get fined from the police all they wanted was proof of purchase to show I honest didn’t know, within 2 weeks which I provide within the next day.

[workpeter]

Contact your insurance company and ask them if your vehicle not having MOT is a factor in the claim.

Your instance company is on your side as they would prefer it if the third party's insurance company had to pay the claim.

Also remember you can check MOT here for free:

https://www.check-mot.service.gov.uk/

[dynax]

I don't know about the legality of the contract, but if the seller sold the bike which should have also had a full MOT, i would think that could be cause for concern as to the road worthiness of the vehicle, trading standards might not be too impressed, i would contact a solicitor, you may have a case to sue, under a breach of contract agreement,

[Six30]

So did it have any mot on it when you bought it ? If not then the shop has sold you an unroadworthy bike .

[Bender]

No mot does not make your bike or car Un roadworthy same as having one does not guarantee it is roadworthy

[fastbob]

Correct , an MOT is an indication of roadworthiness at the time of the test only .

[Joeman]

if the sale was supposed to include 12months MOT and it didn't then you have been mis-sold the bike.

And if the dealer is trying to say that's your fault that they didn't fulfil their contractual obligation to provide 12months MOT, then give them one more chance to compensate you before going down the small claims route for the full purchase price of the bike.

https://www.moneyadviceservice.org.uk/en/articles/your-rights-if-something-is-wrong-with-your-car#problems-with-cars-bought-from-dealers

[Bender]

Yup I agree with not sold as advertised

[Six30]

No mot does not make your bike or car Un roadworthy same as having one does not guarantee it is roadworthy

 

Your right ... but having one is piece of mind it's more road worthy than not having one .

[TimR]

devils advocate here

you as a driver are legally responsible to ensure that your vehicle is fit to be used on the public highway.

at point of sale all relevant paperwork should have been checked by yourself as a paper note would have been issued .

How did you tax the vehicle if you had no mot as tax is non transferable ?

Have you checked the mot status on the .gov website ?

[Mississippi Bullfrog]

I wondered about the tax but I guess it had some MOT left on it so the tax would have gone through. There is a case for making a complaint if a bike sold as having a 12 month MOT didn't, but as said above, at the end of the day it is the driver's responsibility to make sure a vehicle is legal. If there was no MOT certificate with the bike then you assume it hasn't got one.

Chech on the DVLA website when it was last put through a MOT and if that doesn't match what the dealer's receipt says then you've got a right to ask them to MOT it now for free. But anything to do with riding a bike without an MOT is the rider's responsibility.

[Bianco2564]

devils advocate here

you as a driver are legally responsible to ensure that your vehicle is fit to be used on the public highway.

at point of sale all relevant paperwork should have been checked by yourself as a paper note would have been issued .

How did you tax the vehicle if you had no mot as tax is non transferable ?

Have you checked the mot status on the .gov website ?

 

Inclined to agree here, as much as the garage said it would have 12mth MOT you are legally responsible to make sure It's fit for the road at the time of purchase and thereafter.

Guess it had some MOT at purchase allowing you to tax it?

That's one benefit of paying monthly for your road tax, when the MOT is due to expire the DVLA contact you and say the tax will stop if you don't MOT the vehicle.

[Bender]

You can set an mot reminder https://www.gov.uk/mot-reminder

[Ljm94]

Okay, Thank You so much for all comments as there’s so many certain points I’ll try respond to everyone in this...

When the accident happend and I found out by the police I had no MOT I straight away contacted the garage where I purchased the bike from, they said they got my documents up and said the bike was sold with 3 months MOT so I’m assuming this is why I could of taxed the bike as I was told with MOT your unable to tax a vehicle, with the garage still saying I only had 3 months MOT when purchasing I still wasn’t satisfied as I was certain it was sold with 12 months, I later found all my documents indicating : 3 months warranty, safety check and 12 month MOT other than that I found out I was received no current/expired MOT certificatesat all just green slip from V5 and work carried out on the bike and proof of purchase, so as I was able to taxed the bike the last thing going through my mind was “check for MOT has 12 months and not 3” with me assuming it was already valid for 12 months with the purchase of proof I would of expected to take it for a retest the next year.

[Ljm94]

Just to add I also pay my tax monthly and receive no indication from the DVLA about MOT

[TimR]

so there is your answer .

Sadly it is still down to YOU as driver/rider to make sure vehicle is road legal .

The fact the vehicle was sold with 3 months mot not twelve is a seperate matter and will not exempt you from receiving a fine .

This you need to chase up and deal with the seller .

im amazed you have managed 4 months without being pulled over with anpr .

[learningtofly]

I can see how that could happen - obviously, though, you should have made sure that you had the MOT certificate.

[Ljm94]

Im amazed too as I would of preferred to be pulled over and dealt with the matter that way instead I have been knocked off my bike and found out in the way that could affect my insurance claim aswel, with regarding the fine the police officer dealing with the accident said if I can prove I was sold 12 months MOT from a receipt then then would let me off as then could see I was genuinely unaware, this really isn’t a situation I wanted to be in but time can’t be turned back!

[dynax]

It is unfortunate to find out in this way, but it does prove how important it is to do your own checks, and don't just take for granted that all is well, it is so easy nowadays to check a vehicles status, if you see a bike you like, take down the reg number, a few minutes online will tell you everything you need to know about it, it could also give you some bargaining leverage knowing the facts before a sale,

good luck with the outcome

[Guest Richzx6r]

You can set an mot reminder https://www.gov.uk/mot-reminder

 

Just done for my bike

[workpeter]

Im amazed too as I would of preferred to be pulled over and dealt with the matter that way instead I have been knocked off my bike and found out in the way that could affect my insurance claim aswel, with regarding the fine the police officer dealing with the accident said if I can prove I was sold 12 months MOT from a receipt then then would let me off as then could see I was genuinely unaware, this really isn’t a situation I wanted to be in but time can’t be turned back!

 

Did you read my earlier response?

The police arent bothered, so you just need to call your insurance company now and found out for certain how the lack of MOT affects the claim. Do it now rather than later so your insurance company can look into it and help you and themselves out.

If the third party insurance company can use this against you, then trust me they will.

Edited April 27, 2019 by workpeter

[Ljm94]

Really sorry didn’t see this response it’s definitely worth me letting my insurance know to give me the best advice which I will be sorting out today! Thank you workpeter much appreciated

[BIKERDAD]

Sorry to read you had a bump .hope you ok and the bike not to bad ..

So when you bought the bike dis you have it in writing that it was 3 or 12 months mot ..

If you can show your insurance company that you had in writing 12 months then they will back you and then go after the garage for the costs as they more likey to get money off them than you ..

If it's 3 months then they will probley dump you by saying you invalidated your insurance by not having the other 2 (tax mot ) cover ..

I hope it's the 12 month one you.got

[Mississippi Bullfrog]

The MOT running out doesn't invalidate the tax, it just prevents the tax being renewed.

[TimR]

Sorry to read you had a bump .hope you ok and the bike not to bad ..

So when you bought the bike dis you have it in writing that it was 3 or 12 months mot ..

If you can show your insurance company that you had in writing 12 months then they will back you and then go after the garage for the costs as they more likey to get money off them than you ..

If it's 3 months then they will probley dump you by saying you invalidated your insurance by not having the other 2 (tax mot ) cover ..

I hope it's the 12 month one you.got

Why will the insurance back them ?

it is a drivers/riders responsiblility each time they use that vehicle on a public road to make sure that vehicle is legal to be used .

https://www.gov.uk/legal-obligations-drivers-riders