MOT & insurance claim (policy clause)

dacouch

What are the circumstances of the claim

hozepipe

roundabout collision, which are usually difficult to ascribe blame. But we have a fair bit of evidence in our favor, including the 3rd party's own statement of events. So best outcome for us would be for the 3rd party Ins to admit liabilit, in which case as I understand it our MOT is irrelevant. It would take a court case though, or the threat of one to force a settlement.

dacouch

As I mentioned before, most Insurers do not request to see an MOT if they are repairing a car, so there is a good chance the lack of a current MOT will not surface.

If it does then Highway will have to go by the Ombudsman's guidance on roadworthyness as per section 13 on the link vaio provided. You may find Highway try and argue it but if you refer them to the Ombudsman's guidance they will normally back down.

There are a few threads from people in a similar position to you where the Insurers had discovered there was no MOT and they backed down when the MSE members referred them to the Ombudsman's guidance following advice from MSE members. Here is one that was with Quinn who have a similar wording in their policy about MOTs and Quinn tend to rely on their small print for get outs more than anyone else.

http://forums.moneysavingexpert.com/showthread.html?p=26549703&highlight=quinn+mot#post26549703

I would be inclined to just proceed with the claim.

hozepipe

Thanks for the reassurance dacouch, my only fear is that due to the high cost of the repair Highway might try a lot harder than in the thread you linked to to wriggle out. I'm in contact with the solicitors involved due to the disputed liability and they have already asked for documents (V5, MOT etc) because, I quote 'most insurance companies ask for these now'. I guess we just suck it and see...

dacouch

They are probably asking for the documents as they think the car may be written off.

Just allow Highway to go through the process of repairing the car.