URGENT Help - Just had a crash.

Flearoy

Oh dear. I had an 18 month old car written off with less damage than that.

I'd be interested to find out how the OP gets on with the insurance claim having no MOT, especially as it's so long expired!

sho_me_da_money

the182guy wrote: »

Need to remove your photo with your reg number showing asap mate.

Removed all images with plate showing.

sho_me_da_money

Flearoy wrote: »

Oh dear. I had an 18 month old car written off with less damage than that.

I'd be interested to find out how the OP gets on with the insurance claim having no MOT, especially as it's so long expired!

Oh god no.

Was the car Brand New?

easy

pendulum wrote: »

I at first thought that they would just reduce the value of the payout as well.
However if, as a condition of the comprehensive insurance, they have stated that the owner must maintain a valid MoT certificate on the car, and the policyholder agreed when taking out the policy, and this condition is broken, why can't the insurance refuse to pay out on the damage to the vehicle?

They don't make up these terms and conditions for fun do they? The deal is you get insurance so long as you comply with the conditions for the insurance.

Exactly the point I am making!

vaio

dacouch wrote: »

Your Certificate will not state that the car must be roadworthy and / or have a current MOT. Your Policy booklet may state this but the Certificate won't state this.

Here is the Insurance Ombudsman's rule on imposing the unroadworthyness clause

"13. roadworthiness

Most motor policies contain an express requirement that the vehicle must be maintained in a roadworthy state. If so, where there is good evidence that the loss or damage was caused (or substantially contributed to) because the vehicle was unroadworthy, we are likely to consider it fair for the insurer to reject the claim.

In other cases, the insurer might reduce the payout on the basis that the vehicle was not in good condition. If so, where there is good evidence that the vehicle would have failed an MOT test, we are likely to consider it fair for the insurer to take this into account in assessing its value".

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html#13

from our good friend dacouch who works in the insurance industry. Hopefully he'll be along soon and can give an indication of what sort of reduction is reasonable for the lack of MOT (if they ask to see it, which they don't always do)

Inactive

easy wrote: »

In the same way that clause (d) invalidates the policy if you leave your keys in the car, yes.

Leaving the handbrake off would appear to invalidate the insurance, however we all know that it will not.

dacouch

easy wrote: »

In the same way that clause (d) invalidates the policy if you leave your keys in the car, yes.

Your wrong.

Not having an MOT does not invalidate your Insurance as other posters have noted. The abscence of a current MOT may reduce the amount you receive for a written off car as they are worth less.

The Insurers can only deny a claim if they have an express clause about the vehicle being roadworthy AND the unroadworthyness caused or substantially cased the incident.

A handbrake that is a bit iffy would in most cases not be deemed by the Ombudsman as being unroadworthy.

Here are the Ombudsman's rules on the matter.

"13. roadworthiness

Most motor policies contain an express requirement that the vehicle must be maintained in a roadworthy state. If so, where there is good evidence that the loss or damage was caused (or substantially contributed to) because the vehicle was unroadworthy, we are likely to consider it fair for the insurer to reject the claim.

In other cases, the insurer might reduce the payout on the basis that the vehicle was not in good condition. If so, where there is good evidence that the vehicle would have failed an MOT test, we are likely to consider it fair for the insurer to take this into account in assessing its value".

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html#13

kwaks

The MOT being expired will not automatically invalidate the insurance.

And looking at the pics I do not agree that a write off is inevitable. All I see is bumper & a light cluster from that pic. Bumpers ARE designed to absorb the impact forces so usually make the damage look worse than it actually is.

kwaks

Forgot to say, reiterrating on my initial post on page 1, your xs is very unlikely to be £250, you need to look at your voluntary xs as well, and the new driver xs (less than one year driving) and potentially young drivers xs will come into play.

lovethymini

OP, sorry to hear of your mishap, I'm gutted for you

Would the handbrake be tested when the report is put together by the garage? If it's a mechanical fault, would that have an affect on OP's insurance?