carlasumm Posted June 3, 2015 Report Share Posted June 3, 2015 you could end up losing out here if the other persons insurance company check and find out you had no mot then they could refuse to pay out on the side that your car should not have been on the road full stop the same way the police now have powers to remove cars for no mot even if they are parked up its now no mot then it has to be off the road until being taken for a pre booked mot Link to comment Share on other sites More sharing options...
RUToyota Posted June 3, 2015 Report Share Posted June 3, 2015 Apologies for any confusion. The car had no valid MOT at the time of the accident. That said, I have spoken with my insurance company who advised that the MOT would not invalidate the insurance and they would happily pursue the claim on my behalf as it would be a non fault claim where the circumstances clearly puts full responsibility on the third party driver, who additionally has already admitted full liability for the accident. Whilst I'm well pleased for you...I'm astounded that it has no negative impact on your insurance cover. I've always thought that if a car is on the road with no valid MOT (and not on it's way to a pre-booked MOT test), then it's illegal...and therefore any insurance cover is invalidated. Neil Link to comment Share on other sites More sharing options...
Askari Posted June 4, 2015 Report Share Posted June 4, 2015 (edited) Well, I am also surprised that not having an mot has not adversely affected your insurance, but it just goes to show that some of the things that some people assert as "facts" are not always as factual as the proposer would have you believe. Edited June 4, 2015 by Askari 1 Link to comment Share on other sites More sharing options...
trophytr5 Posted June 4, 2015 Report Share Posted June 4, 2015 That said, I have spoken with my insurance company who advised that the MOT would not invalidate the insurance and they would happily pursue the claim on my behalf as it would be a non fault claim where the circumstances clearly puts full responsibility on the third party driver, who additionally has already admitted full liability for the accident. Surprising, but good news. "This aspect I am more than happy with however the next part of the message "In terms of covering any additional costs for your inconvenience (hire car while repairs carried out, time off work) they simply are not going to entertain any of that.... That felt like they are taking the piss a bit, as their driver smashes into the back of me while stationary..." Given the other party's attitude, I'd put it in the hands of your insurance company and they can rip the director a new one!!. Have you got legal expenses cover on your policy? Link to comment Share on other sites More sharing options...
Jamie_B Posted June 4, 2015 Author Report Share Posted June 4, 2015 As most have said I too was surprised that my insurance was not void as a result of not having a valid MOT. "Jamie, If you wanted us to claim off the third party on your behalf, we would look to cover you as the ‘no mot’ wasn’t the reason the incident occurred. I hope this clears this issue up for you. Regards, Felicia Claims Adviser AXA Insurance 5 Century place | Lamberts Road | Tunbridge Wells | Kent | TN2 3EH" This was the response from my insurance which gives me a whole lot of confidence knowing I will get this sorted. The company of the driver have not returned my call and given their attitude about the whole situation, I will probably just ask my insurer to resolve this for me, a lucky escape really. Link to comment Share on other sites More sharing options...
Askari Posted June 4, 2015 Report Share Posted June 4, 2015 Sounds like as good an outcome from your insurance co. as you could hope for. Link to comment Share on other sites More sharing options...
RUToyota Posted June 4, 2015 Report Share Posted June 4, 2015 Certainly a good result for you..and as you say...a lucky escape.! Neil Link to comment Share on other sites More sharing options...
carlasumm Posted June 4, 2015 Report Share Posted June 4, 2015 your company can try the claim but it doesnt mean the other party has to pay because you should not have been on the road just saying Link to comment Share on other sites More sharing options...
SKINY Posted June 4, 2015 Report Share Posted June 4, 2015 As most have said I too was surprised that my insurance was not void as a result of not having a valid MOT. "Jamie, If you wanted us to claim off the third party on your behalf, we would look to cover you as the ‘no mot’ wasn’t the reason the incident occurred. I hope this clears this issue up for you. Regards, Felicia Claims Adviser AXA Insurance 5 Century place | Lamberts Road | Tunbridge Wells | Kent | TN2 3EH" This was the response from my insurance which gives me a whole lot of confidence knowing I will get this sorted. The company of the driver have not returned my call and given their attitude about the whole situation, I will probably just ask my insurer to resolve this for me, a lucky escape really. let them have it with both barrels mate, whiplash is not a fun time. i still suffer years later. there was an accident outside our work with one of our lorrys, the lorry had started pulling out(40ft artic) and was just about on what wood be his side of the road then. a young lad in a volkswagon came belting along and straight into the side of him, it was a very nasty serious accident. the young buck turns out had no job, no mot, no tax and no insurance and had picked the car up that morning. he hobbled into a solicitors a few weeks later and got a claim going. he took our company insurance for 18,000£ its fecked up the world of insurance and claims Link to comment Share on other sites More sharing options...
toiletduck Posted June 4, 2015 Report Share Posted June 4, 2015 your company can try the claim but it doesnt mean the other party has to pay because you should not have been on the road just saying Still not how the law works, as mentioned earlier and confirmed by his insurer - they're not going to chase a claim that they won't win. Link to comment Share on other sites More sharing options...
carlasumm Posted June 4, 2015 Report Share Posted June 4, 2015 explains why our policys are so high when the insurance company makes fraudulent claims the car should not have been on the road and they know that they cant say the accident wasnt the fault of the car having no mot as they are not testers bet they wouldnt be paying out if it were the other way round Link to comment Share on other sites More sharing options...
RUToyota Posted June 4, 2015 Report Share Posted June 4, 2015 Seems to me there is only one rule....and that is...there are no rules.! I'm well happy for the OP but I'm still utterly surprised at the insurance company's stance...it appears that "legality" is a very dark and flexible animal. :rolleyes: Neil Link to comment Share on other sites More sharing options...
toiletduck Posted June 4, 2015 Report Share Posted June 4, 2015 explains why our policys are so high when the insurance company makes fraudulent claims the car should not have been on the road and they know that they cant say the accident wasnt the fault of the car having no mot as they are not testers bet they wouldnt be paying out if it were the other way round He's not even claiming against his insurance... if he'd hit someone without having an MOT, but it would pass (which is the important bit if you're at fault), should it have any say in an insurance policy? Insurers sell insurance, they don't enforce road law, the police and state do. If it's shown to be illegal/would have failed MOT, the insurance is void. Otherwise, it's still an insurance policy. Link to comment Share on other sites More sharing options...
carlasumm Posted June 4, 2015 Report Share Posted June 4, 2015 (edited) how can his insures be willing to claim for him when the car wasnt even legally on the road If the Vehicle does not have a valid MOT it should not be driven/left on the Road. Therefore the vehicle would not be insured if an accident occured with no MOT.....If the vehicle was parked off road say on the driveway and got damaged then the insurance company may still payout but that would be down to individual case circumstances. Some insurers will cover you drive to a pre-booked MOT at your local MOT centre but you need to check with each individual policy (Out of our panel of insurers Two of the underwriters we use exclude it in the policy wording). Basically if you want the answer if a vehicle is driven on the road without an MOT am i insured then the answer is most likely no. Edited June 4, 2015 by carlasumm Link to comment Share on other sites More sharing options...
toiletduck Posted June 4, 2015 Report Share Posted June 4, 2015 Except that's absolutely not true in any sense, as we've established in this thread... you don't claim on your insurance if you're not at fault. Insurance covers vehicles without MOT so long as the incident wasn't caused by an issue stopping the car being roadworthy. MOT and insurers have literally no relation, MOT is proof of roadworthyness and insurance is a policy with a company to cover costs of at-fault and non-fault accidents, assuming the car is roadworthy. Even if it isn't road worthy, like the lights don't cast a correct beam pattern, if you crash in daylight then why should it be considered? If your car isn't roadworthy because it's brakes don't work and you rear end someone, then yeah, insurance isn't going to pay out. Will leave it there as feels like this is going in circles a bit! Link to comment Share on other sites More sharing options...
dean68 Posted June 4, 2015 Report Share Posted June 4, 2015 http://www.drivingtesttips.biz/no-mot-invalid-insurance.html Found this. It tends to agree with toiletduck Link to comment Share on other sites More sharing options...
RUToyota Posted June 5, 2015 Report Share Posted June 5, 2015 Thanks for that, Dean...interesting and illuminating.....I was certainly unaware of all the ramification/interpretations of not having a valid MOT. I thought it was a simple "black and white" case...obviously not.!. I am now wiser.! Neil Link to comment Share on other sites More sharing options...
ScottChester Posted June 5, 2015 Report Share Posted June 5, 2015 If it does go through expect the other party to challenge the mot which will as a minimum delay any payout and likely lead to a discussion over liability with them not offering to pay the full 100% Also you'll have to pay your excess and won't get it back until it's settled and third party insurer pays out. Given the value of the claim it seems like a lot of hassle. I'd get them to pay in advance and have done with it. If you really have injuries then it's worth claiming but otherwise this isn't an open and shut case so could be a slow process and you might not win. Be aware too that a company lawyer could easily overrule your email from the "claims advisor" (who is probably a very junior staff member) all they have to say is that her comment was made without full knowledge of all the facts Link to comment Share on other sites More sharing options...
ams Posted June 6, 2015 Report Share Posted June 6, 2015 If your symptoms have subsided then I wouldn't be claiming whiplash - but that's just me. I would then ask the Bodyshop to include a courtesy car in there quote and then ask the person who hit you if they are happy to cover the costs. If it goes through your insurance then it will end up being a 2000-3000 bill by the end - probably by a shit Bodyshop and will affect your premium even though it doesn't count against you. Link to comment Share on other sites More sharing options...
tree Posted June 6, 2015 Report Share Posted June 6, 2015 (What sort of direction is he taking the company) - my immediate thought would be to look after you to the extend you would be better off than going through the insurance. If you are not going to be slighted by the MOT omission, personally I'd have all the worked quoted by a Toyota Garage (so long as its not too much that's going to write the car off and you cant buy it back - happened to me recently with my black 140) and go through the insurance- and if your body pain is due as a result of the accident then.... I wish you best of luck getting this resolved. I'd have expected they would look after you for A: not wanting the bad publicity B: not wanting a claim in the "claims history" We all know how hire cars and company cars are driven, they are not in the same category as the care and attention our fold take in our cars, that makes it more painful when your pride and joy is damaged through no fault of your own. (still park mine at the back of every car park in the widest space. I had an accident in a Golf GTI - many years back - after the accident I noticed the MOT had run out by 3 days. I was extremely worried to say the least - Nothing ever came of it and the insurers paid out. You are doing the right thing by drilling down to a granular level, we all know the reputation of insurers that if they can wriggle out of paying out or paying out a reduced amount because of clause "X" they will. Sometimes it's best to air on the side of caution. Do you know who their insurers are and their policy? ( if this has been mentioned, apologies) Link to comment Share on other sites More sharing options...
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