If the car had not passed its ITV, does the insurance pay?

To any third party you cause harm to, yes, always. The law prohibits the insurer from raising against the victims the fact that the vehicle did not meet its technical requirements. Nor is the lack of an “ITV”, Spain's roadworthiness test (the equivalent of the MOT), one of the cases in which the law allows the insurer to claim back from you afterwards what it has paid. As for damage to your own car, in December 2025 the “Tribunal Supremo”, Spain's Supreme Court, held that a clause excluding such damage for not having the ITV was a clause limiting the rights of the insured. It can therefore only be applied to you if it is highlighted in the policy and you accepted it with a specific signature.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

As regards third parties

  • The insurer pays for the damage your car causes, with or without an ITV.
  • The law only allows the insurer to claim back from you afterwards what it has paid in specific cases, such as alcohol or drugs. The lack of an ITV is not one of them.

Damage to your own car

  • Check whether your policy excludes cover when the car does not have a valid ITV.
  • If the exclusion is not highlighted and separately signed, it cannot be applied to you. That is what the Supreme Court decided in a case involving a fire in a car with fully comprehensive cover.
  • If it is, the insurer can rely on it, although if the lack of an ITV had nothing to do with the insured event it is worth looking into the case.

What you should do

Have the ITV done on time. Driving without it carries its own fine. In addition, if a defect that the ITV would have detected, such as worn tyres or brakes in poor condition, contributes to the accident, it can make your defence against the other party more difficult.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.