Driving an Unroadworthy Car: Legal Risks and Your Options
That warning light has been on for months. The brakes make a grinding noise. The tyre is balder than you would like. The MOT ran out last week. You know you should not be driving it, but what choice do you have?
Actually, you have several choices. And continuing to drive an unroadworthy vehicle is not the best one. Here is what you need to know about the legal risks and your alternatives.
What Makes a Car Unroadworthy?
A vehicle is unroadworthy if it has defects that make it dangerous or illegal to drive:
- No valid MOT: All vehicles over 3 years old require an annual MOT test
- Dangerous defects: Problems that make the vehicle unsafe
- Bald tyres (below 1.6mm tread)
- Defective brakes
- Broken or missing lights
- Cracked windscreen in driver's view
- Excessive exhaust emissions
- Dangerous steering play
- Structural corrosion
- MOT failure: A vehicle that has failed its MOT with dangerous defects cannot legally be driven (except directly to a pre-booked MOT or repair)
The Legal Consequences
Driving an unroadworthy vehicle carries serious penalties:
No Valid MOT
- Fine of up to £1,000
- No penalty points (for MOT alone)
- But your insurance is likely invalidated (see below)
Dangerous Condition
- Fine of up to £2,500 per defect
- 3 penalty points on your licence per defect
- Multiple defects means multiple penalties
- Bald tyres: £2,500 and 3 points per tyre. Four bald tyres could mean £10,000 and 12 points.
Insurance Invalidation
This is the big one. Most insurance policies include a clause requiring your vehicle to be roadworthy. If you drive a knowingly unroadworthy car:
- Your insurance is void
- You are driving uninsured
- Penalty: 6 points and unlimited fine
- Vehicle can be seized
- If you cause an accident, you are personally liable for all damage and injuries
Police Powers
Police have significant powers over unroadworthy vehicles:
- ANPR checks: Automatic Number Plate Recognition flags vehicles without MOT
- Roadside inspections: Police can inspect your vehicle and issue prohibition notices
- Immediate prohibition: If dangerous, your vehicle can be ordered off the road immediately
- Vehicle seizure: Uninsured or seriously defective vehicles can be seized on the spot
- Crushing: Seized vehicles not claimed (and fees paid) within 14 days can be crushed
What Happens to Your Insurance
If you are involved in an accident while driving an unroadworthy car:
- Your insurer will likely refuse your claim
- They may still pay third-party claims, then pursue you for the money
- You could face a personal injury claim running into hundreds of thousands of pounds
- You will not be covered for your own injuries
- Your car will not be repaired or replaced
This is not a theoretical risk. People have been bankrupted by causing accidents while driving unroadworthy vehicles.
Your Options
If you have an unroadworthy car, you have three legal options:
Option 1: Repair It
If the repairs are economically viable, get them done. Once the vehicle passes its MOT, it is roadworthy again.
Option 2: SORN It
Make a Statutory Off-Road Notification (SORN) with the DVLA. The vehicle can then be kept on private land without tax or MOT. But you cannot drive it on public roads at all.
Option 3: Scrap It
If repairs are not worth it, scrap the vehicle. We collect unroadworthy cars, so you never have to drive it anywhere.
We Collect Unroadworthy Vehicles
Here is the key advantage of using Ben Whitcombe Ltd: you do not need to drive your unroadworthy car anywhere.
We come to you with a flatbed truck. We collect from your home, workplace, or wherever the vehicle is sitting. You never have to risk driving it on public roads.
The process:
- Tell us about your vehicle: What is wrong with it? Where is it? We will give you a quote.
- We arrange collection: We can often collect same-day or next-day.
- We arrive with a flatbed: Your car goes on the truck, not on the road.
- You get paid: Bank transfer on the spot.
- Problem solved: No risk, no fines, no stress.
Do Not Risk It
The temptation to "just drive it one more time" is understandable. But the consequences of getting caught, or worse, causing an accident, are severe. A £200-400 scrap payment is better than a £10,000 fine and 12 penalty points.
If your car is not safe to drive, call us. We will collect it legally and pay you for it. Problem solved.
Get your unroadworthy car collected today. Instant quote, free collection, same-day payment.