The result of the collision was we both ended up in a heap on the tarmac. Someone called the police as well as an ambulance. The police officer was friendly enough to begin with but then did her biscuit after she saw the bald tyre. The outcome was she nicked me for the bald tyre after giving me a proper telling off as it was damp/wet.

Then, as if things couldn’t get worse, my insurer has said that if they have to pay out anything to the injured cyclist (he broke his arm), they will come after me for the money, because I was riding around without an MoT. In fact, my insurance policy states I must “ … ensure [my] motorcycle is taxed, has a valid MoT and is in a roadworthy condition”. My argument is that legally I don’t need to have an MoT to ride to the MoT station and therefore I have a defence to the bald tyre; and my insurer should pay out without coming after me. What do you think?

Answer

There are several issues to unpack here. The first is the criminal law side of things. The second is the civil law side of things. As a general starting point, you shouldn’t ride your motorcycle on the road if the MoT has run out. However, you are correct in that there is an exception to this if you are riding to a pre-booked MoT test. However, it is still illegal to ride around with a bald tyre. Therefore, the police officer was correct to nick you for that. If you plead guilty (and you should) or are found guilty, it’s 3 points and a fine for the bald tyre.

As for the civil claim side of things, whilst it is legal to ride to a pre-booked MoT, it appears you have a problem with your insurer as contractually the policy is clear in that you needed a “valid MoT” and your bike needed to be “in a roadworthy condition.” Unfortunately, you fall down on both counts. If the cyclist does not claim, then all well and good. However, if the cyclist does claim for his injuries etc, your insurer may well have to pay out to him if you were to blame (either in full, or in part). However, as you have breached the terms of the policy, your insurer will likely be within their rights to come after you for any money they paid out due to the accident. In this scenario, if you do not pay your insurer back, then they could take you to Court and they will likely win I am afraid.

Andrew Prendergast

Motorcycle Sport & Leisure – January 2026