How does Expired MOT affect insurance claim?

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  • Keith
    Keith Posts: 2,924 Forumite
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    darich wrote: »
    So if one of the things I MUST do is keep my car roadworthy Ie have a valid MOT then I would assume that if my MOT lapses or expires then my insurance does too since I have not complied with the agreed terms of the policy.

    It is legal to drive to a prebooked MOT test if your MOT has expried, does this mean during this trip you are not insured?
  • raskazz
    raskazz Posts: 2,877 Forumite
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    darich wrote: »
    So how come a company could refuse to pay out on the local chavmobile with big exhaust and fancy spoilers etc if the accident wasn't causd by either modification?

    Because that would be a breach of utmost good faith (non-disclosure of material facts, i.e. the modifications) not a breach of warranty or condition.
  • darich
    darich Posts: 2,145 Forumite
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    Keith wrote: »
    It is legal to drive to a prebooked MOT test if your MOT has expried, does this mean during this trip you are not insured?

    That would be my assumption based on the wording in the insurance ie car must be roadworthy.
    Raskazz sounds like he's in the know so no doubt he'll have better info (assuming Raskazz is a bloke of course! :))

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
  • darich
    darich Posts: 2,145 Forumite
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    raskazz wrote: »
    Because that would be a breach of utmost good faith (non-disclosure of material facts, i.e. the modifications) not a breach of warranty or condition.

    You've obviously got more info on this than me Raskazz but to me that seems exceptionally stupid.
    A car with no MOT will be covered by insurance companies but one where a boot spoiler has been fitted will not?
    Surely having an MOT is more important than having only original parts fitted to your car?

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
  • Keith
    Keith Posts: 2,924 Forumite
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    darich wrote: »
    That would be my assumption based on the wording in the insurance ie car must be roadworthy.
    Raskazz sounds like he's in the know so no doubt he'll have better info (assuming Raskazz is a bloke of course! :))

    The test of roadworthyness is worthless 364 days after it took place. So many things can happen after the test to rely upon a piece of paper printed 364 days before.

    Another example would be the brake system fails yet you continue to drive, would the MOT certificate prove that the vehicle was roadworthy?

    Would a car with an expired MOT not be roadworthy even if it would pass the test on it's first attempt?
  • darich
    darich Posts: 2,145 Forumite
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    Keith wrote: »
    The test of roadworthyness is worthless 364 days after it took place. So many things can happen after the test to rely upon a piece of paper printed 364 days before.

    Another example would be the brake system fails yet you continue to drive, would the MOT certificate prove that the vehicle was roadworthy?

    Would a car with an expired MOT not be roadworthy even if it would pass the test on it's first attempt?

    I'm not disputing that the MOT test only tests the car on the day of the test and I agree that many things can fail before the next test that would make a car unroadworthy despite having a valid certificate.

    I'm trying to look at it from an insurance company point of view and I think with a valid MOT your would be assumed to be roadworthy. Without the certificate it would be assumed that it is NOT roadworthy. And that's not an arguement I'd like to have with an ins co if I've been in an accident where I'm likely to face an injury claim (or worse)

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
  • Jesthar
    Jesthar Posts: 1,450 Forumite
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    darich wrote: »
    You've obviously got more info on this than me Raskazz but to me that seems exceptionally stupid.
    A car with no MOT will be covered by insurance companies but one where a boot spoiler has been fitted will not?
    Surely having an MOT is more important than having only original parts fitted to your car?
    Having renewed my car insurance on Saturday over the phone (negotiating myself a large discount in the process :D), I can catagorically state that during the renewal process I was never asked whether I had a valid MOT certificate, but I *was* asked if I had made any modifications to the car chassis, engine or bodywork.

    I suspect this is mainly because the in same way my getting a A in GCSE German several years ago is no indication of my current proficiency in the language, a car passing an MOT at some date within the last year is no indication of the current condition of the car. Modifications, on the other hand, alter the value of a car, would almost definitely mean more expense in repairs following an accident - and, however, wrongly, may also stereotype the driver as a higher accident risk 'boy racer' type too...
    Never underestimate the power of the techno-geek... ;)
  • Optimusprime
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    This thread was of great help to me so i thought i'd post my story so others can learn from it.

    The answer is NO! An expired MOT does NOT invalidate your insurance even if your car is a write off. As previously mentioned earlier in this thread, under FSA rules an insurer cannot refuse to pay out because of an expired MOT unless they can prove that:

    • a fault exists that an MOT would have picked up AND
    • that fault contributed to the crash
    I noticed after writing my car off that my MOT was 11 days out of date. Panic ensued, but after reading this thread i was cheered. I phoned my insurance company who said that in the worst case scenario, they would drop my settlement amount by 20%. That's WORST case, so not so bad. But because it was only 11 days, they said that amount would be negotiable.

    Do not panic. An insurer cannot refuse to pay out because of an expired MOT. Just tell them the moment you realise and you can still get a decent settlement.
  • sco738
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    I was crashed into, through no fault of my own on saturday. The driver hasn't admitted responsibility but I have 2 witnesses, and the police on my side. I called the police myself because my car was blocking the road, I was breathalised (it was fine) and asked to produce my docs. I have looked through my papers tonight and discovered to my horror that my mot was due 5th nov, I feel sick, I just had no idea. The fact I spent over £100 on my car last week surely goes some way in saying I would not have spent it if it was roadworthy, I am taxed and insured
  • Anihilator
    Anihilator Posts: 2,169 Forumite
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    They will likely report you for it as you can't provide the correct documents.

    Tbh anyone who cant remember an MOT shouldnt be allowed to drive.
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