Just a bit of background, I've had a lot of health issues in recent years and I've needed life saving surgery twice, emergency heart surgery then two years later prostate cancer surgery for which I'm currently in remission and due for my annual test this month. In recent months I've been unwell again dealing with abdominal issues which my GP decided needed investigation as the symptoms were very similar to stomach cancer which my grandfather died from at my age. So a few weeks ago I was referred on a suspected cancer path for a gastroscopy. A week and half before the appointment I became unwell again and needed antibiotics for 10 days. I was stressed, tired, worried about getting cancer again etc.. and I ended up missing my MOT renewal on the 18th September.
I used the car a few times between 18th and the end of the month, a few short trips and one a little longer, no issues. Then on the 30th I needed to drive literally a mile from home and back and on the way home I had to stop at some traffic lights for pop up roadworks, literally 30 seconds from my house. I parked up behind two cars, stuck the handbrake on and sat there. About 15 seconds or so later a woman driver drove into the back of me, likely messing about on her phone since there's no way she could have missed the queue of cars unless she wasn't looking at the road.
I ended up with mild whiplash symptoms and my other half was OK thankfully. The woman driver got out and apologised and said she had been to see her elderly unwell mum and was distracted. We exchanged details and that was that.
The next day once my headache had improved I emailed her to ask how she wanted to deal with the damage. The problem I have is my car is a 19 year old Saab 93 and worth very little financially but a lot sentimentally as I bought it when my dad died as he's always had Saabs. Any insurance claim is likely to result in an uneconomical repair and the car will be written off. Having owned it 11 years I really don't want that to happen. I heard nothing from her until the evening when she sent a message that just said, your car has no MOT, you shouldn't be driving it.
I went cold to be honest, I've never missed an MOT, never had an accident, points or even a parking ticket in 38 years of driving. I immediately booked an MOT and the car passed today as I expected it would.
So to the crux of the question, I've read posts on here stating since it's a no fault accident, she plowed into my car, then she would still be liable for the repairs despite the lack of my MOT. My car was roadworthy despite the lapse in MOT due to all the anxiety and stress I was going through. That's no excuse for me missing the MOT, that was a mistake but having the MOT would not have changed what happened.
I'm now concerned she could instigate something by reporting me for driving without an MOT, try and blackmail me by suggesting she would report me if I try and claim etc.. She might disappear if I decide to take the hit and repair the car myself I don't know.
Appreciate any advice for my balls up.
I used the car a few times between 18th and the end of the month, a few short trips and one a little longer, no issues. Then on the 30th I needed to drive literally a mile from home and back and on the way home I had to stop at some traffic lights for pop up roadworks, literally 30 seconds from my house. I parked up behind two cars, stuck the handbrake on and sat there. About 15 seconds or so later a woman driver drove into the back of me, likely messing about on her phone since there's no way she could have missed the queue of cars unless she wasn't looking at the road.
I ended up with mild whiplash symptoms and my other half was OK thankfully. The woman driver got out and apologised and said she had been to see her elderly unwell mum and was distracted. We exchanged details and that was that.
The next day once my headache had improved I emailed her to ask how she wanted to deal with the damage. The problem I have is my car is a 19 year old Saab 93 and worth very little financially but a lot sentimentally as I bought it when my dad died as he's always had Saabs. Any insurance claim is likely to result in an uneconomical repair and the car will be written off. Having owned it 11 years I really don't want that to happen. I heard nothing from her until the evening when she sent a message that just said, your car has no MOT, you shouldn't be driving it.
I went cold to be honest, I've never missed an MOT, never had an accident, points or even a parking ticket in 38 years of driving. I immediately booked an MOT and the car passed today as I expected it would.
So to the crux of the question, I've read posts on here stating since it's a no fault accident, she plowed into my car, then she would still be liable for the repairs despite the lack of my MOT. My car was roadworthy despite the lapse in MOT due to all the anxiety and stress I was going through. That's no excuse for me missing the MOT, that was a mistake but having the MOT would not have changed what happened.
I'm now concerned she could instigate something by reporting me for driving without an MOT, try and blackmail me by suggesting she would report me if I try and claim etc.. She might disappear if I decide to take the hit and repair the car myself I don't know.
Appreciate any advice for my balls up.
