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no tax means insurance is void?
This is quite long winded and is really starting to drive me nuts!
Last July my husband was hit by another driver, the only damage to our car was that the reflector at the back was knocked out so no claim was made.
In october we recieved notification from insurance that the other dirver was claiming against us, however all the details our insurance told us did not match the details of the accident, location, time, day and even the accident description itself, this set off alarm bells for me so i started digging a little and highlighted all the descrepancies to our insurance.... also on Dvla vehicle enquiry service it said the tax had expired two weeks before the accident and had still not been paid.
We heard nothing for ages then last week were told he was taking us to court because his insurance had written off his car, we queried what our insurers had actually done with the information we provided them with and they said it was not their job to check if he was taxed at the time (?????????)
I confirmed again with dvla that tax was outstanding since 2 weeks before the accident... this would surely void his insurance and he wouldn't be able to claim???
so why is our insurance trying to agree 50/50 on costs?
confused!!!!!
Last July my husband was hit by another driver, the only damage to our car was that the reflector at the back was knocked out so no claim was made.
In october we recieved notification from insurance that the other dirver was claiming against us, however all the details our insurance told us did not match the details of the accident, location, time, day and even the accident description itself, this set off alarm bells for me so i started digging a little and highlighted all the descrepancies to our insurance.... also on Dvla vehicle enquiry service it said the tax had expired two weeks before the accident and had still not been paid.
We heard nothing for ages then last week were told he was taking us to court because his insurance had written off his car, we queried what our insurers had actually done with the information we provided them with and they said it was not their job to check if he was taxed at the time (?????????)
I confirmed again with dvla that tax was outstanding since 2 weeks before the accident... this would surely void his insurance and he wouldn't be able to claim???
so why is our insurance trying to agree 50/50 on costs?
confused!!!!!
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Comments
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That will be why he is claiming against you.
Have you got evidence/statements from people to prove you were not at the location on the time/date? Were you at work or on holiday etc?
You need to provide your case to your insurance as to why they should not pay anything to the other driver.
Anyone can make a claim against other peoples insurance, they do not have to be taxed or even have a licence if they are claiming against you.
Gather your evidence and instruct you insurance company not to pay any money in any circumstances to this fraudulent claimant.
At the moment your insurance company will not believe that you were not present and the cause of the accident you are being claimed against.I beep for Robins - Beep Beep
& Choo Choo for trains!!0 -
Having no tax does not invalidate insurance. All insurance companies will try and go 50/50 because it makes their lives easier!!!! Get in touch with your insurance quickly and give them the details..it's what they are paid for!!!
good luck!!'' A man who defends himself, has a fool for a client''0 -
we passed the details to them twice, the guy is claiming through his insurance and has confirmed the details initally provided were incorrect!
I'm fairly certain that if you have an accident whilst not taxed you cannot make a claim, car insurance cover is dependant on the car having tax and MOT. I know you can drive your car for 5 days after the tax expires but after that it is illegal0 -
I can assure you that having no tax doesn't make insurance void..How does an insurance company know if you have 6,12 months or even any tax cover when you buy your insurance? Ever been asked when taking out insurance if the car is taxed?...why does the post office sell you 6 month cover if it would make the insurance void?
You cannot drive your car for 5 days after the tax expires..that's a myth (except if you have bought tax online and it has failed to arrive in the post. Even then you can still be fined for failing to display)....'' A man who defends himself, has a fool for a client''0 -
Car Insurance is NOT dependent on a car being taxed and / or having a current MOT.
In addition not having Tax / MOT or even Insurance does not in itself mean you are liable in an accident.
Some policies have a requirement the car is in a roadworthy condition but they cannot invalidate the policy unless the part / parts that were unroadworthy CAUSED or SIGNIOFICANTLY CAUSED the accident.0 -
I dont drive so i never have to sort out the tax, insurance ect...
Can he legally claim against us even though he was breaking the law when he was driving without tax?0 -
I dont drive so i never have to sort out the tax, insurance ect...
Can he legally claim against us even though he was breaking the law when he was driving without tax?
If he has a valid claim against you eg you are totally or partially liable then yes he can claim against you.
He could even claim against you if he had no driving licence or had no insurance if you are liable.
The punishment for breaking the law on road tax, insurance and mot's are dealt with / punished by the relevant authorities which are not the Insurers.
By all means report the other driver to the police for any offences but if he has a valid claim against you then you need to inform your Insurer of the details of the incident and allow them to deal with it. (It will help your Insurers deal with the claim and ensure they pay out only what they have to if you give them as much information as possible eg photos of the damage to your car, photos of the road where it happened eg the visability from your position, road signs, road markings etc etc)0 -
we have done all that... feels like we are paying for monkeys with the little the insurance are doing!
because i'm not on the policy they wont speak to me and my husband doesn't want me to shout at them (lol) so he wont give permission, although he is just a big softie, might have to give him a kick up the bum to let me shout at the insurance instead of letting him roll over and loose his no claims.
Thankyou for your help
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You won't get anywhere by shouting at the Insurance company, if anything it will have a detrimental effect on your arguement. You will get much better results by being polite, stating your side in a reasoned way and ideally identifying with the person you are speaking with eg using their name as much as possible, using statements such as "Would you find this acceptable if you were without a car for 7 days" etc etc.
Shouting is really not the way to go, you will find a lot of CS staff will give you a warning and will then put the phone down on someone who shouts0 -
So they gave you false details at the time of the accident?0
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