Car accident, but MOT lapsed !
Discussion
Can't believe how stupid I am. I had my car serviced about 4 months ago roughly at the time the road tax was due. I renewed the road tax but the new Mot was not carried out as part of the service! This is my fault entirely, the car is 4 years old, low mileage, in excellent condition with 4 new branded tyres.
Recently I had an accident where the car was written off with no damage to anyone's property just to me and my vehicle.
The insurance company confirmed my fully comprehensive insurance will cover all costs, just supply log book and mot cert. I genuinely thought the mot was done but on ringing the garage it wasnt.
Ive checked the Terms of my insurance policy it says "must have valid mot if required" it also says failure to meet the conditions may invalidate the policy "at our option".
Will they still pay out. Also the insurance company collected my written off car from the roadside and scrapped it, will I be getting a bill for this too. If they don't pay up and I've got to pay for the lot will my insurance premium still go up.
This is a nightmare. I've never had an accident until now, the one time my mot lapsed!!!!!!
Please don't berate me just need your opinion on where I stand given the explicit wording of the policy document which I didn't read until now.
Recently I had an accident where the car was written off with no damage to anyone's property just to me and my vehicle.
The insurance company confirmed my fully comprehensive insurance will cover all costs, just supply log book and mot cert. I genuinely thought the mot was done but on ringing the garage it wasnt.
Ive checked the Terms of my insurance policy it says "must have valid mot if required" it also says failure to meet the conditions may invalidate the policy "at our option".
Will they still pay out. Also the insurance company collected my written off car from the roadside and scrapped it, will I be getting a bill for this too. If they don't pay up and I've got to pay for the lot will my insurance premium still go up.
This is a nightmare. I've never had an accident until now, the one time my mot lapsed!!!!!!
Please don't berate me just need your opinion on where I stand given the explicit wording of the policy document which I didn't read until now.
Edited by Worried motorist on Monday 21st January 23:44
Bummer, I bet the majority of people (even PHers) have inadvertly allowed their MOT to lapse in the past. Worriedmotorist indeed. I think that the insurance company, given the convenient get-out, will be quite happy to keep that money and will probably give it to a fraudulent whiplash claimant.
Before everyone scares the wits out of you.
Happened to us a few years ago. Had a 2005 plate Sprinter van insured with Aviva. Cert said if the van does not have a MOT the insurance isn't valid blah blah.
Van got stolen.
Insurance paid out the full money for the van, minus IIRC, £300 for not having a MOT.
They will still pay out. Don't worry!
Happened to us a few years ago. Had a 2005 plate Sprinter van insured with Aviva. Cert said if the van does not have a MOT the insurance isn't valid blah blah.
Van got stolen.
Insurance paid out the full money for the van, minus IIRC, £300 for not having a MOT.
They will still pay out. Don't worry!
Not sure if legally the insurance company can refuse your claim because of this clause.
I thought clauses in contracts can be 'ignored' if they are deemed unfair?
If you can prove that the car is in a roadworthy condition and not contributory to the accident then shouldn't they pay up.
Very different if you crash because you'd been drinking or had faulty brakes or tyres.
I thought clauses in contracts can be 'ignored' if they are deemed unfair?
If you can prove that the car is in a roadworthy condition and not contributory to the accident then shouldn't they pay up.
Very different if you crash because you'd been drinking or had faulty brakes or tyres.
I'm going to go against the grain and say the insurer may hear what you have to say... Given the age of the car, the fact that it had recently been fitted with new tyres, and serviced, it's pretty obvious you're not Wayne from "the estate" and that it was a genuine oversight on your part.
If they do refuse I would follow an avenue of how an MOT would have reduced the insurer's losses, given that there were no faults on the vehicle that would not have passed an MOT and the accident was driver error...
Yes, technically you failed to follow the small print, but I suspect the Ombudsman would have some questions for the insurer if you find yourself getting stone walled...
If they do refuse I would follow an avenue of how an MOT would have reduced the insurer's losses, given that there were no faults on the vehicle that would not have passed an MOT and the accident was driver error...
Yes, technically you failed to follow the small print, but I suspect the Ombudsman would have some questions for the insurer if you find yourself getting stone walled...
I was in a situation whereby I couldn't show my car had a valid MOT when I was in an accident a few years ago. The company, closely related to engagement rings, held back 10% of the claim until I sent the paperwork to them - a cheque then followed. I can't see your insurer not paying out at all.
Can you get the garage to write you a letter confirming that they serviced it, and stating that the car was roadworthy at that time and would have passed a test - or at least that it didn't have any defects likely to contribute to the sort of accident that you had? That might help tip the balance if the insurance company is minded to be reasonable.
Thanks for the replies. I know this situation isn't good but it truly was a genuine oversight. I would hope the insurance company would look at the circumstantial evidence around the claim. Relatively new car, low mileage, family car (not performance car), middle aged driver, the written off car was actually in good condition (how can I ever prove that!) I suppose I have garage bill bill for service and new tyres. If I play hard ball with insurance company by involving ombudsman could they report me for driving without mot? Also what about the costs of recovery who pays for that? Regarding driving to get an mot done, the accident took place at 8pm so no mot centre is open at that time and I didn't have an mot booked in with a garage it was just an oversight, an mot would only have cost me £100 I had no reason not to have done it, it was not as if the car needed a new engine, wouldn't the loss adjuster have assessed the state of the car at the accident and his report (even though the car was a write off) would have commented on the likely condition of the car before the accident. Thanks.
B16JUS said:
To be fair at 8pm you could have been dropping your car off at a garage for a mot and putting keys through letterbox
"If you tell the truth, you don't have to remember anything"Mark Twain
There is little to be gained by telling a lie which might come back to bite him on the a**e.
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