What Happens if I Have a Car Accident Without an MOT?

MOT testing can be expensive and inconvenient. It becomes 10x more costly if you wind up in an accident with an expired MOT. It's illegal to drive a car without a valid MOT, but what exactly happens if you are involved in an accident without one?

The annual MOT test is a legally required annual check to ensure your vehicle is roadworthy and meets the government's environmental and safety standards. It's like going for a regular health check-up, but for your car.

When you pass, your test centre will issue you an MOT certificate. This certificate is valid for 12 months minus one day from its issue date. Every car older than three years needs to pass the MOT test once per year to legally drive on UK roads.

But what happens if you don't have a valid MOT certificate? And what happens if you get into an accident without one?
If you are involved in a car accident without a valid MOT certificate, there are several potential consequences that you may face.

Penalties for driving without an MOT

Driving without a valid MOT certificate could result in varying levels of consequences, depending on the severity of the offence.

• If you're driving to a pre-booked MOT appointment (and can prove it), you won't face any penalties.
• If your MOT has expired, and you're driving on the road, you could be fined up to £1,000.
• If your car is deemed 'dangerous' (i.e., it would fail the MOT test for a significant reason), you could receive a fine of up to £2,500.

You might also get points on your licence. In the most severe cases, it may be revoked.

Penalties for driving without an MOT

Driving without a valid MOT certificate could result in varying levels of consequences, depending on the severity of the offense.

• If you're driving to a pre-booked MOT appointment (and can prove it), you won't face any penalties.
• If your MOT has expired, and you're driving on the road, you'll have to pay up to a £1,000 fine.
• If your car is deemed 'dangerous' (i.e., it would fail the MOT test for a significant reason), you could receive a fine of up to £2,500.

You might also get points on your licence. In the most severe cases, it may be revoked.

The figures above represent the bare minimum for penalties. Remember, they're in addition to any penalties or consequences you may face for causing an accident without a valid MOT. If you caused a serious accident and your vehicle's condition is a direct reason for this, you'll face much higher costs.

Insurance implications in the event of an accident

We get it — MOT tests and car insurance are expensive. If you're a young driver, you'll wind up paying even more for insurance cover than the average driver in the UK.

But driving without an MOT gets really expensive if you're in a serious accident.

Generally, there are two grounds on which your insurer can refuse cover:

• Your car is unroadworthy, and not having a valid MOT is evidence of that. You may be able to refute this based on an inspection report, service history and receipts, information on your car's age/mileage and the overall circumstances of the actual accident.
• Your car is not legally compliant, so the policy won't allow coverage. This is the more likely scenario, as the vast majority of insurers state in their policies that your vehicle needs a valid MOT certificate for them to cover you when an accident occurs. So, there's a good chance they'll refuse to pay out your damages on technical grounds.
  Coverage depends entirely on the situation.

The circumstances of your accident will hold significant weight. Most people don't receive insurance cover if they drive without an MOT, so you'll have to pay for damages yourself.

However, there are some cases where you might be able to secure compensation. In this decision from the Financial Ombudsman, the Ombudsman determined that since the driver...

• was not at fault for the accident,
• their vehicle would have passed the MOT test on the date of the accident
• and the condition of their vehicle played no role in causing the accident

...it would be unfair to deny them coverage.

Now, being the cause of an accident or driving a vehicle that is clearly unroadworthy is another matter entirely. In those cases, your insurer would almost certainly deny coverage and you'll have even greater liability due to those circumstances.

If you find yourself in a battle with your insurer over whether you can claim damages on your policy or not, take it to the Ombudsman as soon as possible. They might side with you when disputing your case.

Liability in an accident with no MOT

Like insurance cover, liability in the accident will vary wildly depending on the exact scenario. But you should know that the fact that you were driving without a valid MOT will impact any compensation claims made by others involved in the accident.

For example, if the other driver's vehicle is damaged, they may argue that your lack of a valid MOT certificate contributed to the accident and, therefore, you should be responsible for their damages.

Even if the accident is obviously not your fault, you could be the one who bears the brunt of the liability. There's a 100% chance the other driver's insurance will pick up on your lack of MOT and argue it in their defence.

Police and legal actions

The police won't automatically assume you're at fault for an accident just because your MOT is expired. But if they find out that your vehicle's condition contributed to the accident, they may fine you and take legal action against you.

Here's a look at your probable legal repercussions at varying levels of accident severity:

• Non-fault accidents — You might not be held liable, though your insurer and theirs will probably try to shift blame to you. No matter what, you will still face a fine (up to £1,000) for not having an MOT certificate.
• Small claims for at-fault accidents (below £10,000) — You'll face a fine, and they might bring you to court over their damages. You'll definitely be liable for the damages you caused.
• Court proceedings for at-fault accidents (over £10,000) — If you've damaged a vehicle seriously enough for it to be a write-off, you'll certainly find yourself in court. Legal fees will pile up, and the other party's legal team will certainly bring your lack of an MOT into play.

You won't get arrested solely for driving without a valid MOT certificate. But, as you can tell, the liabilities will pile up insanely quickly. No matter how you look at it, it's probably going to cost you several thousand pounds.

Of course, if you cause the accident for an arrestable offence, such as...

• reckless or overly aggressive driving
• driving under the influence of drugs or alcohol
• driving while unfit
• knowing the vehicle has a dangerous fault
• driving whilst disqualified

...you'll face much more serious legal consequences and penalties. In those cases, not having an MOT certificate will still add to your list of offences, and it'll lower your chances of reducing or contesting them.

Repercussions in case of injury or fatality

The MOT is probably the least of your worries if you’ve caused an injury or fatality. At that point, the process is largely the same, but with no insurance cover to fall back on for anything.

The victims will probably sue you. And your lack of an MOT certificate will definitely be a factor in the judge's decision, should it go to court.

Most fatal accidents directly result from severe negligence or driving while impaired. If that’s the case, you'll probably face criminal charges (though that won't have anything to do with the MOT certificate). At best, your lack of MOT will add to the evidence that you and your negligence caused the accident, so you'll be held liable for damages.

For small injuries like whiplash, you're looking at £1,000 to £3,000. Fatal crashes result in £15,120 payouts for bereavement to all qualifying family members, plus as much as £550,000+ for the fatality. Without an MOT, that’s all on you.

Steps to take if you're in an accident without an MOT

If you're in the unfortunate position of being in an accident without an MOT certificate, follow these steps:

1. Check for injuries. Make sure everyone involved is okay (including yourself). Seek medical attention if you have to.
2. Call the police. Even if it's a minor accident, you should always report it to the police. They will document the incident, which could be crucial in case of any legal action taken against you.
3. Exchange information. Get the other driver's details, including their insurance, contact information, and vehicle details.
4. Document the entire scene. Take photos of the damage to both cars, any injuries sustained, and any environmental factors that may have contributed to the accident.
5. Call your insurer. Let them know about the accident as soon as possible. They might deny coverage, but you need to tell them them nonetheless.
6. Contact the Ombudsman. If your insurance provider refuses coverage, you have the option to challenge their decision by escalating the matter to the Ombudsman. They will thoroughly assess your case and determine whether you are entitled to compensation.
7. Seek legal advice. If you find yourself facing serious consequences as a result of the accident, you need to seek legal counsel immediately. A skilled attorney will handle the legal proceedings and protect your rights in the process.

Getting into an accident without an MOT is never worth it.

It's simply not worth running the risk of driving without a valid MOT certificate. The potential financial and legal consequences are far too severe to take lightly.

If you wind up in an accident, you'll have no insurance to cover the damages or injuries. What would have cost you your deductible now costs several thousand pounds at least. For most UK citizens, that would be extremely detrimental.

You may have forgotten when your MOT was due. But ignorance is not a valid defense in this situation.

If you're unsure of your vehicle's current status, use our MOT checker now to see when your current MOT expires.

Want to learn more? These are the questions drivers ask us most.

Is an MOT necessary for all vehicles?

All vehicles are required to take an MOT test — even fully electric ones. There are a select few types of special vehicles exempt from an MOT. These include electric-powered goods vehicles registered before 2015 and historic vehicles (built or first registered 40+ years ago). To become MOT exempt, you must declare it through the DVLA.

What if my MOT expired recently?

There is no grace period for driving without an MOT. If your certificate has expired, you cannot use your vehicle on the road unless it's being taken to a garage for repairs or a pre-booked MOT test (which you must present solid proof of if you're pulled over).

Will my insurance cover the damages if I have an accident without an MOT?

When you drive without an MOT certificate, your insurance policy is voided. So, if you're in an accident, your insurance company is not obligated to cover any damages to your vehicle or other vehicles involved. This means you won't be able to make a claim on your policy and will have to cover all costs out of pocket.

Can I be imprisoned for driving without an MOT after an accident?

If you haven't broken the law otherwise (e.g., driving recklessly, driving while intoxicated, hit another person and fled the scene), you won't be imprisoned solely for driving without an MOT. However, if your accident was caused by a dangerous fault that would have been caught during the MOT test, this could lead to prosecution and potentially imprisonment.