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no MOT car is write off, 1st central not paying

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george-s2
george-s2 Posts: 25 Forumite
edited 4 July 2010 at 10:48PM in Motoring
hi all, it has been discussed many times, but i can't get an answer what to do, hopefully i get it here. so there it is:
had an accident my fault, car is a write off, mot expired a month before accident. i bought i car 6 months before the accident so forgot to check when mot expire. few days before accident a bought a road taxes with that expired MOT, the lady at counter did not checked or failed to see, same as my self. so then i had accident i fought everything ok, and even start looking for current MOT, but then checked on line and... it's expired
and now insurance (1ST CENTAL)not paying out because it is no MOT. I was trying to say that i bought road taxes few days before accident and had a car less then a year and so on, but they not havin it.
they policy document saying that car should have a valid MOT or all the above it is exluded, which is everything. my car has been taken from me on the second day after accident. and nobody new that MOT is expired. so now i have no car and no money for it! what my chances are, if any... do they have the right to take a car from costumer whithout checking all the details? please help!
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Comments

  • GEEGEE8
    GEEGEE8 Posts: 2,440 Forumite
    No MOT, no payout.. you need to be more careful in the future. I don't think there is anything you can do really..
    9/70lbs to lose :)
  • OrkneyStar
    OrkneyStar Posts: 7,025 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 4 July 2010 at 10:17PM
    There is no way round this, as well as insurance not paying out you are lucky you are not [STRIKE]being prosecuted [/STRIKE] having any other action taken against you for driving without a valid MOT, and hence also in-valid insurance!
    Let's hope you learned your lesson!
    Ermutigung wirkt immer besser als Verurteilung.
    Encouragement always works better than judgement.

  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    OrkneyStar wrote: »
    There is no way round this, as well as insurance not paying out you are lucky you are not being prosecuted for driving without a valid MOT!
    Let's hope you learned your lesson!

    you cannot be prosocuted for no mot!
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    GEEGEE8 wrote: »
    No MOT, no payout.. you need to be more careful in the future. I don't think there is anything you can do really..

    Luckily for the OP you are wrong
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP what were the circumstances of the claim ?
  • george-s2 wrote: »
    hi all, it has been discussed many times, but i can't get an answer what to do, hopefully i get it here. so there it is:
    had an accident my fault, car is a write off, mot expired a month before accident. i bought i car 6 months before the accident so forgot to check when mot expire. few days before accident a bought a road taxes with that expired MOT, the lady at counter did not checked or failed to see, same as my self. so then i had accident i fought everything ok, and even start looking for current MOT, but then checked on line and... it's expired
    and now insurance (1ST CENTAL)not paying out because it is no MOT. I was trying to say that i bought road taxes few days before accident and had a car less then a year and so on, but they not havin it.
    they policy document saying that car should have a valid MOT or all the above it is exluded, which is everything. my car has been taken from me on the second day after accident. and nobody new that MOT is expired. so now i have no car and no money for it! what my chances are, if any... do they have the right to take a car from costumer whithout checking all the details? please help!

    ask them for the car back. if they wont honour a pay out then they have no legal right to keep your vehicle! but be aware they may charge you storage! and admin fee's
  • george-s2
    george-s2 Posts: 25 Forumite
    but what about my car? do i have a right to have it back? why they took it without chekig first?
    i could sell it in parts at least. is any one know where to get a legal advice, where i'm standing.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP if you can answer my question, there is a very very good chance we can get 1st Central to honour the claim, although they are very very slow at settling claims and a claim like this will be even slower as it will have to go above their normal level of poorly trained staff
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    you cannot be prosocuted for no mot!

    Abject nonsense.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • george-s2 wrote: »
    but what about my car? do i have a right to have it back? why they took it without chekig first?
    i could sell it in parts at least. is any one know where to get a legal advice, where i'm standing.

    the salvage yard/recovery that picked up your car have no oblegation to check your documents thats down to the insurance company when you supply the documents to them when they ask for them. again as a result you may be in for a shock when reclaiming your car back as you may be charged storage,collection,admin fee's. do you still have the V5 registration document?
This discussion has been closed.
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