accident

Anonymous · January 17, 2004, 19:39

Well i've just got in from a nightmare experience.Luckily i wasn't in my '2 just my girlfriends fiesta, picking my kid up.

Got to a busy junction and pulled out, got over the junction and a drunken bloke had stepped out and up the bonnet he went, smashing the windscreen with his head.He refused to stay still after myself and a few witnesses tried to ask him to lie still, and up he got walking off saying "i'm alright".Meanwhile my 3year old is crying his heart out.

Police have confirmed that is was his fault and an accident, and now the pain begins.I've obviously got insurance, it was taxed but it is 1 day out of MOT although i booked it in last week but they couldn't fit it in so it's in Monday.Anyone had any experience of driving an out of MOT car and impending prosecution? I suppose they don't care if it's 1 day or 1 month out, it was out and that's it.

Thank god i wasn't in the '2 and on my own, i doubt he would of got up so quickly.

Anonymous · January 17, 2004, 19:42

Where you asked to produce your documents by the Police?

Is the car going to be written off?

When I wrote my last car off the Police asked for no documents, so unless they did later document checks I could have got away without insurance, tax, MOT etc (I had them all FWIW).

When I came to claim the written off car on my insurance they wanted only the vehicle registration document and my driving license (to check I'd not been fibbing I guess).

I think the what I'm saying above is unless the Police run a background check later, or you've been asked to produce your documents, they'll never know.

Anonymous · January 17, 2004, 19:48

No i'm afraid they wrote out a producer. With licence, MOT and insurance ticked.So i'm already on the slippery slope to trouble.

Liz · January 17, 2004, 19:50

Just had a chat with DC Simon (hubby) - he said that as Phil says, if you haven't been asked to produce your documents, then no one will ever know. If you have got to produce all you can do is cough it and throw yourself on the mercy of the officer that is dealing with it. Chances are providing it has only just expired and you have indeed got it booked in (not that we are doubting this) next Monday, then it is very unlikely you will be prosecuted. Simply because prosecution would cost money and that would not be in the public interest. Having said that there are no guarantees.

PS: If you get prosecuted so would your g/friend as she would be permitting.

Keeping our fingers crossed for you and hope that your child is OK now.

Anonymous · January 17, 2004, 19:50

Ahhh, bummer.

Anonymous · January 17, 2004, 20:35

I would have thought the fact it was already booked in before the MOT expired would make it ok. Maybe you should get a written confirmation from the garage stating when the booking was made.

Anonymous · January 17, 2004, 20:49

Quote from: "victor"I would have thought the fact it was already booked in before the MOT expired would make it ok. Maybe you should get a written confirmation from the garage stating when the booking was made.

That was my thinking too...

Anonymous · January 17, 2004, 20:59

Thanks everyone.Appreciate your help.

I will just have to get it tested and ask them to write and stamp something showing that i was aware it was running out of MOT days before and had tried to book it in before it expired but they couldn't do it before.Hopefully that'll work. I have been "advised" to ask the MOT station to say it was booked in today and i was taking it home from them after it had failed,which legally,taking a car to and from a test station is the only way the car should be driven.Not sure what they'll say but no harm asking.

Slacey · January 17, 2004, 22:12

s:(

s:( I'm really sorry to hear it Ian, I was just talking about you with AnnMarie and my mom. Hope it all gets sorted and that your son is OK.

Anonymous · January 17, 2004, 22:16

Quote from: "mr-s_turbo"Thanks everyone.Appreciate your help.

I will just have to get it tested and ask them to write and stamp something showing that i was aware it was running out of MOT days before and had tried to book it in before it expired but they couldn't do it before.Hopefully that'll work. I have been "advised" to ask the MOT station to say it was booked in today and i was taking it home from them after it had failed,which legally,taking a car to and from a test station is the only way the car should be driven.Not sure what they'll say but no harm asking.

Humm I wouldnt try to lie about it. If they were to find out you would be in deeper dodo than now. Give the AA/RAC a call and ask them or maybe the citizens advice office.

Anonymous · January 17, 2004, 23:14

Sorry to hear of your misfortune.

If I remember correctly having no MOT is no big deal except, in the case of an accident, hate to say this but check with your insurance ASAP having no MOT could void your insurance.

Best of luck

ps. I have a book on it some where will try to find it and post legal details, if I have'nt borrowed it someone.

Anonymous · January 18, 2004, 00:24

Victor your right, i'm not in trouble now, so i don't want to start that ball rolling s:oops: :oops: s:oops: The accident part of it is now dealt with, the insurance isn't involved as it's just a windscreen that needs replacing. The drunken idiot has admitted he was at fault and the police are happy to leave it at that.So basically i'm in the same boat as someone that's just been pulled on a spot check and asked to produce.

It doesn't say anything on my insurance certificate either way about the MOT so the police can't really say if it is valid or not.Here's a bit i found on MOT

Summary of the Law

Most vehicles come under the MOT requirement once three years have passed since they were first registered. Subsequent tests are valid for 12 months. It is an offence under this section to use a vehicle on a road without a valid MOT certificate. It is also an offence to permit someone to use the vehicle, or to cause them to use it, without an MOT certificate. This offence is one of strict liability. This means that the prosecution do not need to show you intended to use the car without an MOT. They simply need to show that the car in fact had no MOT. Your reasons for failing to have a certificate are irrelevant to your guilt or innocence. When the vehicle can be used without an MOT certificate In some situations, the vehicle can be used on the road without an MOT, without the driver being guilty of an offence. These are:
where the driver is on the way to or from a testing-centre, provided they have a pre-booked appointment
where the vehicle has failed the MOT and the driver by prior arrangement is taking it to, or bringing it from a place where work is to be or has been carried out,
where it is being towed to a scrap-yard following a failed MOT
where the vehicle is being used by the MOT-tester in connection with the test itself

Maximum Sentence

This offence can be dealt with only by the Magistrates Court. The maximum penalty for private vehicles is a fine of up to £1000. The Court has no power to disqualify for this offence or put penalty points on a driver's licence. The fine will often reflect the condition of the vehicle.

Looks like i'm in for a fine, but no points. So a small bit of light at the end of a dark tunnel. s:(

s:(

markiii · January 18, 2004, 02:59

hypothetically this is where you need a nice friendly MOT man who will backdate yor stamp.

Not that any of us would advocate that.

Liz · January 18, 2004, 03:54

Indeed not, I personally would not try to sort out anything with the MOT station, if the police do their job properly on this they will ask you for the details of the MOT station and then they will check with them to confirm that they could not fit you in and that it was booked in on Monday. Simon said that in this case he personally would not take any action, and here's hoping that you don't get some jobsworth who takes one day over as a major deal. God knows how many people are driving around with no Tax, Insurance or MOT in anycase.

These views are personal and not to be taken as what your local force may or may not do.

heathstimpson · January 18, 2004, 08:15

Quote from: "mr-s_turbo"Thanks everyone.Appreciate your help.

I will just have to get it tested and ask them to write and stamp something showing that i was aware it was running out of MOT days before and had tried to book it in before it expired but they couldn't do it before.Hopefully that'll work. I have been "advised" to ask the MOT station to say it was booked in today and i was taking it home from them after it had failed,which legally,taking a car to and from a test station is the only way the car should be driven.Not sure what they'll say but no harm asking.

That's exactly right; you can only use a vehicle on the road once the MOT is out of date for driving directly to and from the garage, and only if you have pre-booked the appointment. Their paperwork would have to show that you were booked in.