Thank you for the response. Yes, it is '54' plate. And I was not on my way to have an MOT done as I was not aware that it was due until Jan 2008. I would like to know that if this is not resolved by the other party's insurance company, can I claim the damages against my own insurance policy? Any advise would be greatly appreciated. Thanks.

Hi- On the 28th of November 2007, I, through no fault of my own, was involved in a Road Traffic Accident (RTA) in Swansea. As a result of the accident my car has been declared as a write off. The driver of the lorry which hit me assumed FULL responsibility and FULL liability. My insurance company was able to put a clam in for us and the third party agreed to pay £3,400.00 for damages, use of a rental car and transport of the car from Swansea to Dover (where the closest accredited garage is to my place) as well as other costs. Having now lost my car and having a rather lucky escape from the RTA in which my Ford KA was smashed into by an articulated lorry, I now seem to find myself in further difficulties. When I bought the car on the 5th of January 2005 it was to my understanding I would have to get an MOT three years from day when I recieved the car (ie Jan 2008). I had honestly thought that the car had been registered on this date and so expected to have my first MOT in the first week of January 2008. Now I have discovered that the car had actually been registered in the last week of September 2004. The garage where the car had been purchased had not informed me about this pre-registration and its implications. Now I am being asked for a valid MOT for the car and with that my insurance claim is now in jeopardy. The loss of the car is one thing but now it seems I may be left without a car, with out any compensation, facing a number of costs that I cannot afford. This is all because of a driver who drove stupidly and recklessly into my lane, at which point I could have lost my lives. The car contributes to the income of our home as I am a community support worker and need a car to get to my clients. I know that the law requires all vehicles over three years to have an MOT and if I had fully understood my obligations on the day I purchased the car, it would have had its MOT on the due date. I really do not feel that I should be punished for an honest mistake. The car should have had its MOT in the September of 2007 and the RTA was on the 28th of November 2007. We were just two months over the due date and surely there must be something I can do. Our insurance company has had the car independently assessed by a car engineer. They found that although the car was a Total Loss and repairs to the body work would exceed the cost of the car’s market value, it was in fact quoted to be in good condition. With all this in mind I would kindly ask any advice you may be able to give me in this matter. I feel that there must be something I can do and so any help that anyone may be able to offer would be gratefully appreciated. Thank you.