Non-Fault Accident, Lapsed MOT

[catman]

Hi all, I had a call from a Relative earlier tonight. They had a non-fault accident, with witnesses and an admission of liability from the third party.

When they finally got home, they discovered that their MOT had lapsed. Am I right in thinking that they will still get paid out?

The car is in top condition and I'm confident that it would have passed its MOT without any problem. Do they inform the Insurer, or will they know anyway?

Can I only have qualified answers and not just opinions please! Thanks in advance.

Tim

[catman]

SV8Predator said:

What does your "relative's" insurance terms & conditions say? This may be the path to the truth (and not just opinions).

I knew there would be one reply with "relative." I'm 59, not 12. If it was me, I would have said so.

As the claim will be against the third party, will my "relatives" t&cs be important? I've read elsewhere that this clause isn't enforceable.

Tim

[catman]

Many thanks for your helpful replies. I've suggested getting the car mot'd to comply with the law and also to prevent any possible delay regarding roadworthiness.

His Insurer does have the clause re no mot = no Insurance, so would it be better to keep them out of the equation by going directly to the third party Insurer?

I can see it becoming complicated if they wrote his car off and then tried not to pay out.

As I said in my first post, the car is in Excellent condition all round so I have no worries re: roadworthiness.

Thanks

Tim

[catman]

singlecoil said:

Doesn't really matter what the OP's relative's insurance contract says because it's the other guy's insurance company that will be paying out, and the OP's relative doesn't have a contract with them.

That's precisely what I thought, thanks. As he's fully comp, I thought that his own Insurer could stall the claim, as they would normally pay for the write-off/repair and then seek to claim it back from the third party insurer.

Thanks

Tim

[catman]

Welshbeef said:

Isn't it the law to report all accidents to your insurance company even if you do not wish to make any claims. So they need to tell them either way.

Yes it is, but he wasn't trying to circumvent the law. I was just asking how to proceed with his claim in the way that would cause him the least grief.

He has now informed his Insurer that he wishes to claim and has a recording of the third party apologising for the accident, so that helps.

I've seen the photo of his car now and I think that a write-off is likely, due to the age of his car.

Thanks

Tim

[catman]

As I said before, the condition of the car is superb for the year. He did a tour of Devon/Cornwall in it a week ago. He would rather keep the car than have it written off.

I think that the hard part will be getting a fair settlement figure if it is written-off. As I said to him, the higher their valuation, the less likely they will be to write the car off.

Tim

[catman]

His Insurer just passed him onto Albany Assistance. His alarm bells were ringing, even before he spoke to me. I looked at what they wanted to charge for the car, nearly £200 a day.

Can he insist that his Insurer actually does what they're paid for and process his claim themselves?

Thanks

Tim

[catman]

Hi Dacouch, it's Tesco. He's already phoned Albany to tell them that he won't use them, thanks. He obviously tried going through his Insurer, but they just farmed it out.

Can he not insist on his insurer dealing with the claim directly? Makes you wonder what he paid for.

Tim

[catman]

TooMany2cvs said:

That's where the lack of MOT is really going to come into play. "No MOT? Scrap value."

What is/was it, age, mileage, condition?

As has been said, maybe 10% less, as a maximum, so nothing like scrap value. I'll give out the details of the car when matters are settled.

Suffice to say that it's in very good condition, low miles and good service history for its age.

Tim

[catman]

lord trumpton said:

Its st like this that makes our insurance so bloody expensive; companies whose sole purpose is to rip the arse out of the situation and make their money from charging ridiculous amounts of money.

I agree. His problem is, if his own Insurer won't help with the claim, then he may have to use an AMC anyway.

Tim

[catman]

Thanks for that. I was going to advise him to go directly to the TP Insurer, until I read that his own Insurer would be more obliged to be fair. It's being made more difficult by his own Insurer trying to capitalise on the situation, rather than doing any real work.

Yes, he has read in the policy that no mot=no Insurance, but they backtracked on that when I made a call to them on his behalf. I appreciate the advice!

Tim

[catman]

Dacouch, thanks for your continued support, it's really appreciated, and very helpful.

Tim

[catman]

Tesco were told that Albany's help wasn't required. An Engineer is due to look at the car within 2 days, but my relative is already being told that the car's a write-off by Tesco.

They mentioned taking the car away to storage, but were told that wouldn't happen until a settlement was agreed.

Tim

[catman]

Quite possibly. I'm rather surprised at their apparent keenness to write the car off though.

Tim

[catman]

My relative phoned Tesco, mainly to complain about being fobbed off with Albany. They then mentioned that an Engineer had tried to contact him today, re inspecting his car as soon as possible.

I don't think that he was expecting Tesco to have acted so fast and he has gone along with Tesco's plan for now. They also asked whether he would want to buy the car back if it is a write-off.

He said that the other Insurer had left a voicemail asking him to contact them and I've said that it wouldn't hurt to find out what they want.

Thanks

Tim

[catman]

The tp Insurer agreed to hire a car via Enterprise, as they knew that Albany were on the scene. My relative asked for a small hatchback, instead of a like-for-like car.

Enterprise then wanted to charge £150 per scratch, or a daily waiver charge, which my relative refused to pay. The Insurer also refused to pay, not seeming to grasp that they were saving possibly £175 a day anyway.

They relented when told that he would go back to Albany for a car. The Assessor has looked at the damage and commented on how good the condition of the car is, and how few miles it's done.

He said that he would go and research the cost of repair and make a decision on what happens next.

Tim

[catman]

Hi, yes I'll come back with any up-dates. It's the least I can do after all the help We've received.

I think that quite a few readers on Pistonheads have learned a lot about the legalities of this situation already!

Thanks

Tim

[catman]

The car's a write-off. I guess we'll have the usual valuation dance now.

Tim

[catman]

Hi Dacouch, that's really helpful!

Thanks

Tim

[catman]

Just a small up date. My Son received a very low offer from his Insurer, so his case is currently with the Ombudsman. He's been told to expect a three to four month wait, as they're very busy!

He has been paid the "final offer" as an interim payment, until the case is settled.

Tim