What is the relationship between the MOT & car insurance?
The terms and conditions of a normal car insurance policy state that it is only valid, in the event of an accident, providing your vehicle is roadworthy. A valid MOT would deem the vehicle to be roadworthy. The fact that she was not at fault though should mean that you won’t have any problems claiming against the person that hit her. The fact remains that they were at fault and it is irrelevant whether she had a valid MOT or not – the accident would have occurred anyway. Even if she was at fault providing you can prove that the car was roadworthy even though she did not have a valid MOT then you should not have any problems either. I would check to see whether she has Legal Expenses Insurance in addition to her car insurance (most insurance brokers provide this cover free of charge or for a small fee). If she has legal expenses cover I would suggest you notify them of the claim; not your insurance company as they are more pro-active regarding ensuring the third party pays out quickly a