Help no mot, tax out in 4 days.

zappahey

BAA1 wrote: »

But, where the policy has a specific clause that states a valid MOT certificate must be in force, then I would expect the law of contract to apply and hence the insurer could say the insured had not upheld their part of the contract so the insurance was not valid, there is a subtle difference in my opinion.

Part 6 of the road Traffic Act says that the insurer cannot escape their third party liabilities due to a number of factors, including roadworthiness of the vehicle, but could pursue the insured to reclaim any payout.

So, basically, the OP would still be legally insured

zappahey

concerned43 wrote: »

My insurance states that the car must have a valid MOT.
My nephew was stopped by the police last week and he did not have a valid MOT (the van is owned my his father's business) and he did not know the MOT had ran out.
Anyway he got a fine and they said he may have to appear in court!

Was he charged with not having insurance?

zappahey

SteveJW wrote: »

Not many are aware of recent changes
If your tax is due to run out at the end of the month, you can renew it from the fifth day of the previous month.
See DirectGov Website

Steve

Doesn't help the OP though, as the MOT and insurance have to be valid on the day that the tax disc begins.

vaio

BAA1 wrote: »

.......I would be very interested to read case law examples or an ombudsman ruling that negates the specific MOT requirement clause of an insurance policy, can anyone point me to a direct link ?

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/39/abi-39.htm

lots of case law in there, the basic principle is that an insurer can’t decline a claim on the grounds of breach of warranty (an undertaking made by the policyholder in connection with their policy) unless the breach caused or substantially contributed to the claim.

Thus, if I get my car stolen it matters not a jot if the tyres were bald, I’ll still get paid.

However, if I throw it backwards into the scenery on a rainy day because the tyres were bald then I’ll not get paid.

sarahjayne1977

Not been funny, maybe your insurance is still valid without a MOT, but MOT's are there for a reason!!
I know I wouldn't risk driving my car without MOT my life and my children are worth more then trying to save £40

Justicia

sarahjayne1977 wrote: »

Not been funny, maybe your insurance is still valid without a MOT, but MOT's are there for a reason!!
I know I wouldn't risk driving my car without MOT my life and my children are worth more then trying to save £40

What about the other 364-ish days of the year?

Surely you have regular maintenance and checks? Don't you? :D An MOT is a secondary, not primary, measure...

sarahjayne1977

Justicia wrote: »

What about the other 364-ish days of the year?

Surely you have regular maintenance and checks? Don't you? :D An MOT is a secondary, not primary, measure...

My car get checked very often and gets sorted if anything needed. You can't put a price on your life!!!

vaio

if your car gets checked "very often" then I wouldn't have thought that a once a year 20 min inspection adds a whole lot to the general safety standard of your motoring

sarahjayne1977

vaio wrote: »

if your car gets checked "very often" then I wouldn't have thought that a once a year 20 min inspection adds a whole lot to the general safety standard of your motoring

Well as far as i know a MOT is required by law!..I wasn't saying its everything, but its a good starting point to make sure a lot on car are safe, also with a MOT means insurance is valid.
If everyone who owned a car kept everything in order, most of us people who always make sure MOT, car tax and insurance is in order would have a lot cheap insurance. Maybe then i wouldn't have to pay £250 quid a year for mine:D

Scooby_Doo.

sarahjayne1977 wrote: »

Well as far as i know a MOT is required by law!..I wasn't saying its everything, but its a good starting point to make sure a lot on car are safe, also with a MOT means insurance is valid.
If everyone who owned a car kept everything in order, most of us people who always make sure MOT, car tax and insurance is in order would have a lot cheap insurance. Maybe then i wouldn't have to pay £250 quid a year for mine:D

Not that old pants again.