MOT & insurance claim (policy clause)

hozepipe

Hi

I've read many of the threads about expired MOTs and how it may affect/not affect insurance. I'm in this situation with my OH having had a bump (not her fault, but looks likely to be a 50/50 claim) with an expired MOT (under 2 months). The car was due to have MOT/Service/Tax done the next day!

We has bought the car a few months earlier and didn't realise the MOT had recently expired. The car has FSH low milage for age (53 plate) and in immaculate condition, which is why we bought it.

Our insurance policy (Highway) seems to be one that has a 'get out clause' for MOT though, stating an exclusion of cover if:

'Insured Car is being kept or used without a current MOT certificate if one is needed'

Does that mean they can get away without paying out for our damage repairs and do we have some scope to complain if they try to?

I think the car, which has minor panel damage, would still go through the MOT (going to see about that today), and if it does could we use that as evidence that the car was completely roadworthy at the time?

Hintza

I would have thought they are perfectly entitled not to pay your claim or perhaps reduce any claim. I think they would have to pay the 3rd party claim but I suspect they could chase you for the money if the vehicle was found to be unroadworthy and that had contributed to the accident.

vaio

Not a problem, the industry regulator is very clear on the subject, lack of MOT by its self DOES NOT affect insurance, unroadworthiness can but only if the unroadworthiness caused or contributed to the claim.

Obviously a car without MOT is worth less in the event of a total loss claim but how much less depends on the circumstances, could be anything from the £50 a test costs upwards

hozepipe

Vaio: so does the industry regulator frown on companies who use such clauses if it goes against their standards of conduct and do they have power to make an insurer pay if the they try to wriggle out? (Is it the FSA that regulates BTW?)

Unfortunately the repair bill is considerable (4.5K) so I fear it might trigger a request for MOT docs etc.

Hintza - no offense but I'm not after opinion or guesswork rather factual information from those with experience or specialist knowledge. The other threads were full of similar fluff that got in the way of the good info.

LandyAndy

hozepipe wrote: »

Hintza - no offense but I'm not after opinion or guesswork rather factual information from those with experience or specialist knowledge. The other threads were full of similar fluff that got in the way of the good info.

No offense but you let the MOT run out on your car and didn't notice for two months. You're an idiot (and that isn't guesswork).

Funny how just about everyone who comes on here with a similar tale was going to get the MOT sorted 'the next day'.:cool:

mchale

hozepipe wrote: »

Hintza - no offense but I'm not after opinion or guesswork rather factual information from those with experience or specialist knowledge. The other threads were full of similar fluff that got in the way of the good info.

In that case contact your Ins company as only they will be able to tell you

vaio

hozepipe wrote: »

Vaio: so does the industry regulator frown on companies who use such clauses if it goes against their standards of conduct and do they have power to make an insurer pay if the they try to wriggle out? (Is it the FSA that regulates BTW?)

Unfortunately the repair bill is considerable (4.5K) so I fear it might trigger a request for MOT docs etc.

Hintza - no offense but I'm not after opinion or guesswork rather factual information from those with experience or specialist knowledge. The other threads were full of similar fluff that got in the way of the good info.

The FOS www.financial-ombudsman.org.uk is the regulator and they have the power to compel insurance companies to pay up.

They operate on what is fair and reasonable, you can’t refer a complaint to them until you have exhausted the insurance company’s complaints procedure and got a final decision from them.

vaio

And to add to your general feeling of happiness I think Highway & the recently gone bust Quinn are among the worse companies when it comes to trying to wriggle out of claims.

hozepipe

LandyAndy wrote: »

No offense but you let the MOT run out on your car and didn't notice for two months. You're an idiot (and that isn't guesswork).

Funny how just about everyone who comes on here with a similar tale was going to get the MOT sorted 'the next day'.:cool:

I know what I did wrong, but I wasn't posting on here for forgiveness you dingbat!

hozepipe

vaio wrote:

The FOS is the regulator and they have the power to compel insurance companies to pay up.

They operate on what is fair and reasonable, you can’t refer a complaint to them until you have exhausted the insurance company’s complaints procedure and got a final decision from them.

Ah, thanks for the info Vaio.

vaio wrote: »

And to add to your general feeling of happiness I think Highway & the recently gone bust Quinn are among the worse companies when it comes to trying to wriggle out of claims.

Typical, just my luck! Ah well, guess I'll have a bit of a fight on my hands.

vaio

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

covers some of what you need and gives a feel for the way the FOS operate