Case review: Failure to MOT

26 February 2024

In Ali v HSF Logistics Polska sp zoo  King’s Bench Division | [2023] EWHC 2159 (KB), the High Court found that a claim for credit hire can be limited on the basis of causation. In this case, a parked vehicle damaged in an accident had not been in receipt of a valid MOT Certificate in the four-month period prior to the accident, and further, there was no evidence that a valid Certificate would have been obtained within the hire period.  As such, Mr Justice Martin Spencer found that it was correct to disallow the claim for credit hire on the basis of causation. Where the claimant’s pre-accident use of his own car was illegal, the accident could not be said to have caused the loss of use which he claimed to have mitigated by incurring car hire charges.

Doing so on that basis allowed for consideration of the facts of the case – a meritorious Claimant could establish that the vehicle would have a valid Certificate within a certain period of time, thereby justifying some loss of use or credit hire. However, an unmeritorious Claimant, as in this case, could have their claim dismissed in full.

If the MOT Certificate does therefore lapse on a vehicle subsequently involved in an accident, if you are able to establish the lapse was a mere oversight which would be rectified soon, any losses sustained in a non fault situation should remain recoverable.

For further information, please contact the Insurance Litigation Team here.