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Help no MOT
10 Answers
My husband had an accident last week where he his a patch of flood water on the road and ended up writing off his car. On looking for the paperwork we needed to send back to the insurance company to process our claim we realised the the MOT had expired by 4 days, an oversight as he had been working away, .
Insurance co say now this may invalidate our claim. The vehicle had a full service record and had only done 16000 in three years, is there any way we can challenge them if they refuse to pay out
Insurance co say now this may invalidate our claim. The vehicle had a full service record and had only done 16000 in three years, is there any way we can challenge them if they refuse to pay out
Answers
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Who is the insurance company?
Is there anything in the small print about MOT?
Although the insurance company is legally obliged to pay out to any third party if their insured is liable where there is no MOT, there are many cases where they have sued their insured to recover the monies.
Insurance is a contract of 'good faith' and the insurance company expect the vehicle they insure to be both legal and road worthy. Any excuse not to pay, and they won't.
They haven't said they definitely won't be paying, so just co-operate with them and keep all your fingers crossed.
Is there anything in the small print about MOT?
Although the insurance company is legally obliged to pay out to any third party if their insured is liable where there is no MOT, there are many cases where they have sued their insured to recover the monies.
Insurance is a contract of 'good faith' and the insurance company expect the vehicle they insure to be both legal and road worthy. Any excuse not to pay, and they won't.
They haven't said they definitely won't be paying, so just co-operate with them and keep all your fingers crossed.
That's a bit harsh - having no MOT (with our company) normally means we'll make some sort of deduction to reflect the reduced vehicle value if you were trying to sell it prior to the accident.
IE, you have two identical vehicles, one has an MOT, one doesn't - the one with the MOT is generally going to be more desirable.
However, is a component failure (or bald tyres) has caused the incident, and this would have been picked up via the MOT test, then the insurer does have the right to repudiate the claims.
There will most likely be a clause in your policy that states that the car must be in a roadworthy condition - however, if the car was in good mechanical condition, even if you didn't have an MOT, and the accident was simply unavoidable, then the insurer has no case to repudiate your claim.
The fact that you have a full service history and the vehicle is low mileage really helps your case.
IE, you have two identical vehicles, one has an MOT, one doesn't - the one with the MOT is generally going to be more desirable.
However, is a component failure (or bald tyres) has caused the incident, and this would have been picked up via the MOT test, then the insurer does have the right to repudiate the claims.
There will most likely be a clause in your policy that states that the car must be in a roadworthy condition - however, if the car was in good mechanical condition, even if you didn't have an MOT, and the accident was simply unavoidable, then the insurer has no case to repudiate your claim.
The fact that you have a full service history and the vehicle is low mileage really helps your case.
-- answer removed --
The insurance company is NIG
Our main problem is that our insurer made an offer over the phone which we verbally accepted and as my husband desperately needed a car for work and the insurance co told us we were ok to go ahead with the purchase of another vehicle- in lieu of our settlement cheque we did this, which now means not only may we not be paid out but we are also seriously out of pocket(im fact all of our savings have gone)
Our main problem is that our insurer made an offer over the phone which we verbally accepted and as my husband desperately needed a car for work and the insurance co told us we were ok to go ahead with the purchase of another vehicle- in lieu of our settlement cheque we did this, which now means not only may we not be paid out but we are also seriously out of pocket(im fact all of our savings have gone)
The FOS (Financial Ombudsman Service) have rule don several cases like this in the past.
As has been noted by mdoo98, whilst the MOT is valid for 12 months, the fact remains that the police could stop you for a blown bulb 5 minutes after the test.
Whilst I appreciate that a car should not be on the road without an MOT, for insurance purposes, that's not entirely relevant as per my initial response.
If they made an initial offer wihtout knowing that there was no MOT, then I would surmise that they had already inspected or estimated the damage, and nothing came up to show the vehicle was unroadworthy (ie all tyres had minimal tread at the very least).
I'd have to ascertain from NIG what exactly is causing them to withold payment - if they state it is simply because of no MOT being in force, advise them that this is not a valid reason to withold payment, and that you are aware that the FOS would not uphold this reasoning.
As has been noted by mdoo98, whilst the MOT is valid for 12 months, the fact remains that the police could stop you for a blown bulb 5 minutes after the test.
Whilst I appreciate that a car should not be on the road without an MOT, for insurance purposes, that's not entirely relevant as per my initial response.
If they made an initial offer wihtout knowing that there was no MOT, then I would surmise that they had already inspected or estimated the damage, and nothing came up to show the vehicle was unroadworthy (ie all tyres had minimal tread at the very least).
I'd have to ascertain from NIG what exactly is causing them to withold payment - if they state it is simply because of no MOT being in force, advise them that this is not a valid reason to withold payment, and that you are aware that the FOS would not uphold this reasoning.
by the sound of it,your husband is a private hire driver,insured by NIG, if he is then im afaid there is no way they will pay out as his private hire licence for the car would also be invalid without a MOT,we had the same with one of our contract drivers and NIG flatley refused to pay him out,even after all the legal bit,
if he is not a private hire driver,then just ignore what iv said.
if he is not a private hire driver,then just ignore what iv said.
Just thought I would check in with those people who answered my question.
Despite having no MOT and having three points on his license which he hadnt declared to the insurance company, my husbands insurers paid out our claim in full last week.
Nice to see some insurers arent as black as they are painted
Despite having no MOT and having three points on his license which he hadnt declared to the insurance company, my husbands insurers paid out our claim in full last week.
Nice to see some insurers arent as black as they are painted
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