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    • Mizqtpie
    • By Mizqtpie 6th Apr 17, 6:03 PM
    • 7Posts
    • 0Thanks
    Mizqtpie
    Insurance and Mot help
    • #1
    • 6th Apr 17, 6:03 PM
    Insurance and Mot help 6th Apr 17 at 6:03 PM
    I was wondering if anyone could offer me some advice please.

    I was involved in a non-fault car accident the other day where the other driver drove through a red Leigh and we collided. There were no witnesses and no traffic light cameras...typical.

    Anyway, I proceeded with a non-fault claim and have just been informed that my claim is invalid due to an expired MOT certificate! I really didn't know it had expired. They have also decided to cancel my insurance policy, meaning now if the other driver decided to claim against me, I would be liable for £600 excess and payment of the remainer of my policy which is another £600. Baring in mind I have damages to my car (it's still drivable).

    The other driver hasn't informed his insurance as of yet. So i was hoping to speak to him so we can possibly settle this privately.

    I have an mot booked in this weekend, and was wondering if I could re-instate my insurance policy? Technically if I get hold of the other driver which I have not been able to yet and the claim gets settled privately my insurance would not incur any costs if the accident went as 50/50.

    Does anyone think it is a likely case that I can get my insurance renewed and i will completely forget about the claim so that it's in my Insurance's favour if I present them with a new mot certificate?

    It costs so much more to have to admit to new insurance companies that I've had a policy cancelled!

    Thanks in advance!
Page 1
    • molerat
    • By molerat 6th Apr 17, 6:12 PM
    • 16,456 Posts
    • 10,627 Thanks
    molerat
    • #2
    • 6th Apr 17, 6:12 PM
    • #2
    • 6th Apr 17, 6:12 PM
    You are in for a long struggle with this insurer. You need to start by lodging a formal complaint, they have 8 weeks to come to a conclusion which you agree or you then take it to the ombudsman where you will invariably win. In the mean time you are in a hole. Please name them.
    www.helpforheroes.org.uk/donations.html
    • Retrogamer
    • By Retrogamer 6th Apr 17, 6:28 PM
    • 3,695 Posts
    • 3,685 Thanks
    Retrogamer
    • #3
    • 6th Apr 17, 6:28 PM
    • #3
    • 6th Apr 17, 6:28 PM
    As above, what your insurance company have done is wrong and not allowed but getting them to realise this and "remedy" the situation is going to take some time.
    • Mizqtpie
    • By Mizqtpie 6th Apr 17, 8:35 PM
    • 7 Posts
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    Mizqtpie
    • #4
    • 6th Apr 17, 8:35 PM
    • #4
    • 6th Apr 17, 8:35 PM
    Thanks for your reply! What do you mean, have they done something wrong?

    The insurance company is Eldon Insurance
    • Mizqtpie
    • By Mizqtpie 6th Apr 17, 8:37 PM
    • 7 Posts
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    Mizqtpie
    • #5
    • 6th Apr 17, 8:37 PM
    • #5
    • 6th Apr 17, 8:37 PM
    Thanks for your reply, in what way? Sorry it is so confusing! My MOT ran out on in January and I had no idea! Silly really I should have checked, but was told when I bought my car that it had 9 months of Mot, clearly only 3!
    • Retrogamer
    • By Retrogamer 6th Apr 17, 9:00 PM
    • 3,695 Posts
    • 3,685 Thanks
    Retrogamer
    • #6
    • 6th Apr 17, 9:00 PM
    • #6
    • 6th Apr 17, 9:00 PM
    Thanks for your reply! What do you mean, have they done something wrong?

    The insurance company is Eldon Insurance
    Originally posted by Mizqtpie
    Well the ombudsman for insurance has previously ruled that it's unfair to cancel someone's insurance or refuse to pay out due to not having an MOT.

    So your insurance company shouldn't cancel it or refuse to pay out.

    But because they have, you need to lodge an official complaint. If they are unable to resolve the complaint after 8 weeks, then you can escalate it to the ombudsman.

    You will need to try claiming from the third party directly for the moment and "i think" (hopefully someone can confirm) that you need to declare a cancelled policy until it's been resolved but it's unlikely it will be resolved quickly.
    • Mizqtpie
    • By Mizqtpie 6th Apr 17, 9:22 PM
    • 7 Posts
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    Mizqtpie
    • #7
    • 6th Apr 17, 9:22 PM
    • #7
    • 6th Apr 17, 9:22 PM
    Thank you so much for your advice! Really helpful!
    • alchemist.1
    • By alchemist.1 6th Apr 17, 9:28 PM
    • 844 Posts
    • 649 Thanks
    alchemist.1
    • #8
    • 6th Apr 17, 9:28 PM
    • #8
    • 6th Apr 17, 9:28 PM
    Cancelled policy wont just leave you with repair costs to pay. If hire companies get involved and an injury claim gets instigated then you could be looking at quite a bit.

    If you are going to deal with it privately, best pay him off quickly and early on for everything (and ensure you do get something in writing confirming that it is for everything).
    • dacouch
    • By dacouch 6th Apr 17, 11:30 PM
    • 20,124 Posts
    • 12,408 Thanks
    dacouch
    • #9
    • 6th Apr 17, 11:30 PM
    • #9
    • 6th Apr 17, 11:30 PM
    This recent thread coincidently about Eldon gives you all the information you need to win your case against Eldon

    http://forums.moneysavingexpert.com/showthread.php?t=5607249

    You will need to make an "Official Complaint" their solution to this should be to reinstate your policy and handle the claim.

    If they are stupid enough not to do this then you would then need to go to the Ombudsman, the Ombudsman will rule in your favour providing your car was "Roadworthy" and the Ombudsman will require Eldon to put you back in the financial position you were prior to Eldon making their mistake
    • Mizqtpie
    • By Mizqtpie 7th Apr 17, 12:40 AM
    • 7 Posts
    • 0 Thanks
    Mizqtpie
    I was only thinking of paying him off just in case he decided to purse against me, meaning I would have to pay £600 excess and the remainder of my 'cancelled' policy. But in reality he is at fault
    • Mizqtpie
    • By Mizqtpie 7th Apr 17, 12:41 AM
    • 7 Posts
    • 0 Thanks
    Mizqtpie
    Thank you so much!! Really helpful advice
    • Quentin
    • By Quentin 7th Apr 17, 11:10 AM
    • 31,495 Posts
    • 15,504 Thanks
    Quentin
    I was only thinking of paying him off just in case he decided to purse against me, meaning I would have to pay £600 excess and the remainder of my 'cancelled' policy. But in reality he is at fault
    Originally posted by Mizqtpie
    Unless you get your policy reinstated any successful third party claims against you will mean you will be pursued for the full amount your insurer has to pay out.
    (Your excess is irrelevant as far as third party claims against you are concerned)
    • dacouch
    • By dacouch 7th Apr 17, 5:54 PM
    • 20,124 Posts
    • 12,408 Thanks
    dacouch
    Further to Quentin's post, do not sign any forms the Insurer ask you to sign with out seeking either legal advice or asking on here. They may try and get you to sign a form allowing them to cancel your policy from a date before the accident.

    As mentioned in the other thread, your Insurer are in the wrong not youn so your long game should be to get the policy reinstated and your claim paid
    • Bizniz
    • By Bizniz 19th Jun 17, 11:59 PM
    • 1 Posts
    • 0 Thanks
    Bizniz
    Me too. Need advice
    Hi,

    I was involved in a really slow speed accident last week. I was at fault, just rolled into the back of the person in front. Very little damage to either vehicle but probably a few hundred quid to sort his. As he got out though, he was straight away talking about how it had jarred his neck and this had aggravated an old complaint in his neck. I initially said we should sort it between us as I have a high excess on my policy (£450) but he has phoned me a bunch of times since, asking what I think he should do about his neck. Obviously I gave him no advice but in the end I said we should go through insurance claim as he should make sure it is sorted properly (I also know that a personal injury claim could get expensive). I don't expect to even claim for my car as I just have a bit of his paint on my bumper.
    I then realised, this morning that my MOT had expired a couple of months ago (genuine oversight). I had it tested today (first journey since the incident) and it only needed a rear tyre and wiper blades. My insurance company has this "unenforceable clause" about MOT invalidates insurance. Does everything in this and other threads stand in this case? Should I volunteer the info about no MOT? Can you point me to the legislation that covers this from the FSO?
    From reading above, it seems to me that this should all be the same but would be reassuring to hear it from someone who knows what they are talking about.
    • dacouch
    • By dacouch 20th Jun 17, 12:28 AM
    • 20,124 Posts
    • 12,408 Thanks
    dacouch
    The information is correct, the relevant references to the Ombudsman and ICOBS are in the linked thread.

    It is unlikely your Insurer will want to see your MOT anyway for this type of claim.

    P.S You only pay your excess if you are claiming for repairs to your own vehicle
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