How does Expired MOT affect insurance claim?

bravodaman

Ok let's assume the worst case scenario:


"The insurance company claims that the car was unroadworthy and contributed towards the cause of the crash"


Does this mean they can turn around and don't pay me anything?

bravodaman

Although the above case is highly unlikely as the car is relatively new, looked after well, recently serviced, changed tyres and no mention of any issues with brakes in the previous MOT. Plus the engineer offered me a market value after his inspection so am I right in assuming he didn't find anything that concerns him that could have lead to the crash ?


Anyway let's assume the positive outcome "Insurance accepts the car was roadworthy even though the MOT expired"


Will I get a deducted market value offer and if so what percent do they usually deduct off the Market value ?

dacouch

This answers all of your questions.

"13. roadworthiness

Most motor policies contain a specific requirement that the vehicle must be maintained in a roadworthy state. When deciding whether it was reasonable for an insurer to reject a consumer’s claim, we will look for evidence that the loss or damage was mostly likely caused – or was significantly contributed to – because the vehicle was not roadworthy.

An insurer can also reduce a payout on the basis that the vehicle was not in good condition. In these cases, we will look for evidence that the condition of the condition of the vehicle – or parts of it – were poor to decide whether this deduction is fair.

If the vehicle did not have a current MOT certificate, we will consider how likely it was that the vehicle would have passed an MOT test. If we decide – on the balance of probabilities – that the vehicle would have failed the test, we are likely to say that a deduction of up to 10% is reasonable."

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

Quentin

bravodaman wrote: »

Oh, would they really ask for an MOT certificate ? well in that case I am screwed!!...

You aren't "screwed" as this thread has explained!

I mentioned this to you because you posted:

bravodaman wrote: »

Now, my understanding is that the insurance is still unaware of the fact that the MOT is expired .....

And was only intended to let you know that ultimately they will discover the situation so you could be prepared should this lead to a reduction in the payout (as posted, no MOT does have some affect on market value).

bravodaman

Well after a bit of research I have come up with 3 potential results:

1. BEST Case Scenario
I bargain regarding the market value of the car and both the insurer and myself agree on a mutually fixed amount, without the insurance asking for the MOT documents and settling everything.

2. Possible Outcome
We agree on a market value for the car - Insurance asks for MOT certificate - They deduct 10% off the market value due to an expired MOT - Settle everything

3. WORST Case scenario
Market value confirmed - They get funny as the MOT is expired - Claim that the lack of MOT contributed towards the cause of the accident - Not pay anything

Ok now the best & worst case scenarios are far fetched but I would like to prepare myself ahead. Anyway in terms of Worst case scenario what is the best possible move for me ?

Quentin

bravodaman wrote: »

... Anyway in terms of Worst case scenario what is the best possible move for me ?

Just cross that bridge if you reach it.

Plenty of help already in this thread about whether your insurer can refuse a claim over no MOT!

bravodaman

Thanks again Quentin, appreciate your help!!

Anyway I will get a call tomorrow morning from the insurance and will keep you guys updated. My only concern is along with the worst case scenario would i be asked to pay for the repairs of the third party? Plus if the guy decides to go for any personal injuries ?

Hopefully it doesn't lead to that, will see.

bravodaman

*Update*

Ok so this is the current update, since my car is written off they offered a market value of around £7000 (after excess and everything). The issue with that is they will obviously ask for my documents especially the current MOT certificate.

So I have decided to go down a different route. Retain the car, which is a Category D and get it repaired for myself with the money they offer after salvage which is around £4900. This way I would get my car, try and repair it pretty cheaply (got a friend at a local garage) and avoid the hassle of an expired MOT.

Now the question is – Will they still ask for an MOT certificate as I am retaining the car, if so and going down the route of fighting the “Road-worthiness” argument, how much could they potentially deduct from my £4900 ?

Thanks, looking forward to your reply and thoughts.

dacouch

They're just as likely to ask for the MOT if you retain the salvage as they are if you don't retain the salvage

noh

MOT test results are held on a central database. What you are referring to as the MOT certificate is actually a receipt verifying that a MOT pass has been recorded on the database. It is not the paper certificate that proves the car has passed a test it is the entry on the database.
If the insurance company want to know if the car has a valid MOT they don't need the certificate all they need to do is look it up online.
They or anyone else can also check the MOT history.
https://www.gov.uk/check-mot-status