Insurance claim without MOT

[danroll]

Hi,
My inaws have been involved in a car accident this weekend. The other driver pulled out in front of them. He's admitted full liability and the police have confirmed that he will be prosecuted for driving without due care and attention.

My father in law has been collecting insurance documents etc together this morning and has noticed that unfortunately his MOT has expired two weeks ago. 

How will this affect his claim? As it is a genuine oversight will this be overlooked? 

The car underwent a full service in July and the mechanic has advised that he is more than happy to go on record confirming the cars roadworthiness if needs

Thanks

[Mamyalynne]

Not sure if this is any help

http://www.theanswerb...s/Question474527.html

[eddiemcc]

unfortunetly the other drivers insurers will no doubt look for any means of not paying out. and i would guess they will fight that your inlaws should not have legally been on the road. surprised that the police have not prosecuted them for this also.

[danroll]

the only thing i can think of is because my father in law contacted the police about it and explained it was genuine mistake and he'd never knowingly drive an un MOT'd car.

the car was roadworthy and there's an approved mechanic willing to go on record to back this up would this not help?

it's just unfortunate really that something like could invalidate any claim they might have. they've sustained injuries, all three passengers are unable to go to work this week. and the car will most likely be written off as well.

thanks for advice in advance.

[eddiemcc]

hi, danroll, as you have stated that the car will be written off and that there are injuries, both insurers are now more likely to dig deeper to avoid paying out, and will very likely check that both cars were legal.

[Mojo-Jo-Jo]

Unfortunately we could all claim genuine oversight.
Sorry to say it, but it's your responsibility to know when your MOT is expiring and renew it.
The insurance company may well declare the claim invalid and sad as it is, they would be within their rights to do so.

[ChuckFickens]

You'll probably find the insurers will pay out....

But they will pay out for your car as it was at the time of the accident (i.e. a car with no MOT)

You've not said what your car is, but any car with no MOT is next to worthless and that's the amount you will get.

[Barmaid]

Unfortunately, I disagree with everyone. The claim against the TP (third party) is one of negligence. His insurance company give him an indemnity in respect of any claim against him in negligence. It matters not one jot whether the car was "legal" or not. The fact is, the damage was caused by the TP failing in his duty of care because his driving fell below the standard of that of a normal prudent driver. There is nothing in the fact that there was no MOT (given the car was roadworthy) that breaks the chain of causation leading to the damage.

[factor-fiction]

I agree with barmaid regarding the implication for the insurance claim. Has the insurer asked for proof of MOT. Do the police know because they might follow it up if they know.

[The Builder]

Just wanted to add that this happened to me once ........ forgot about MOT ....... it was never an issue ........... the other (negligent) party's insurers paid up without a mention of it.

[ChuckFickens]

Barmaid, I agree that they will pay out, But the insurance company will pay out based on what the car was worth (according to their assessors) at the time of the accident.

At the time of the accident the car had no MOT, which renders it all but worthless and this will be what the payout for the car will be based on.

[eddiemcc]

was the police called seeing as it was a possible write off and people injured? if so the lack of mot would have shown up on the police computer leading to a caution of intent to prosecute. this would then be available to the insurance companys, if they were not called then maybe they might get away with it.

[danroll]

the police were called and do know about it - my father in law contacted the police officer who attended the accident the following day to sort a few things out and let him know then.

The policeman already knew about it. as far as i'm aware there's going to be no further action regarding the MOT and even police man commented on how bad it would be for a claim to be invalid because of something like this.

[Barmaid]

For a start I very much doubt the insurers will even check. Secondly, if there was no reason why the car should not have a valid MOT that will be taken into account. Thirdly, many assessors will not even check the existence of an MOT. They look at the car as a whole, any pre existing damage, tyres, windscreen etc. I've done a number of these and the MOT issue has never been raised.

I also disagree with the fact that a car without an MOT is worthless. it's not - as long as it is in good nick and likely to pass an MOT (and expert evidence can be given on that).

If I had a 3 year old Mercedes and I had missed the date for the MOT, are you seriously suggesting that instead of say £17k, the insurers would pay out next to nothing? They wouldn't. They would pay book value for a car of its age, mileage and general condition.

[andy-hughes]

Sympathy is very nice - but it's not legally binding.

Each case tends to individual, so you will have to hope that the insurance company don;t delve into details to avoid payment.

The fact that the other driver has admitted liabiity and is being prosecuted does go in your favour, but you will have to wait and see.

Good luck.

[ABerrant]

It is relevant to note that gouldc (in the link provided by mamyalynne) is/was a Loss Adjuster. A search of his profile will reveal many posts that debunk the myth that lack of an MOT invalidates insurance, although it can reduce the amount of a claim if considered contributory to an incident.

BTW a Loss Adjuster works for the Insurance Company; an Assessor works for the Policyholder.

[chas2008]

I deal with accident claims(as a repairer) on a day to day business, unless its something really major claims are very rarely thrown out or refused this includes tax,tyres & MOTs, insurance companies are more concerned with retaining the business..

[eddiemcc]

chas2008, do you think a potential writeoff and passenger injuries fall under major claims?