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car seizures by police for no insurance

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Comments

  • Wig
    Wig Posts: 14,139 Forumite
    edited 26 October 2012 at 12:10AM
    Joe_Horner wrote: »
    I'm basically on your side here, dacouch ;)

    Note that I ONLY mentioned that in connection with invalidating "own loss" insurance (fire / theft / own car damage), which isn't covered by the RTA and so can have any conditions applied contractually as long as they don't amount to unfair terms under contract law.

    I'm not sure you understand,

    An insurer cannot withdraw cover for 'own loss' as you put it, on any of the following even if the policy specifically mentions these as conditions of cover:

    Having no MOT
    Driving without MOT
    Having no Tax disc
    Driving without tax disc
    Driving whilst SORN

    These would all be totally unenforceable.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It was actually a broker

    Your broker (I;m guessing it's Swinton) knows as much about Insurance as you do.

    Ring them and ask them where in an Aviva Policy that it states

    a) the other other vehicle must be insured
    b) the policy is void if the car is not "Legal to be on the road"

    You / he can view an Aviva Policy wording from here http://broker.aviva.co.uk/products/personal/motor/private-car.html#documents see if either of you can find these (They don't exist)
  • Tilt
    Tilt Posts: 3,599 Forumite
    dacouch wrote: »
    Your broker (I;m guessing it's Swinton) knows as much about Insurance as you do.

    Ring them and ask them where in an Aviva Policy that it states

    a) the other other vehicle must be insured
    b) the policy is void if the car is not "Legal to be on the road"

    You / he can view an Aviva Policy wording from here http://broker.aviva.co.uk/products/personal/motor/private-car.html#documents see if either of you can find these (They don't exist)

    Actually one of them does as it states;

    To assist with a more efficient quotation service, please check that your client meets the following criteria. If the risk does not meet any of these assumptions please advise our staff when you call for a personal quote.
    • Your client’s vehicle is UK registered, road legal and normally kept in the UK, excluding Northern Ireland.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tilt wrote: »
    Actually one of them does as it states;

    To assist with a more efficient quotation service, please check that your client meets the following criteria. If the risk does not meet any of these assumptions please advise our staff when you call for a personal quote.
    • Your client’s vehicle is UK registered, road legal and normally kept in the UK, excluding Northern Ireland.

    That's not actually in the Policy so has no legal standing and would refer to being UK registered etc.

    As has been mentioned before, an Insurer cannot decline a claim for your car not being road legal in the sense of not having tax, mot being sorned etc. This is due to FSA rules, Ombudsman Rules and more importantly the Road Traffic Act which does not allow it by Law
  • Tilt
    Tilt Posts: 3,599 Forumite
    dacouch wrote: »
    That's not actually in the Policy so has no legal standing and would refer to being UK registered etc.

    As has been mentioned before, an Insurer cannot decline a claim for your car not being road legal in the sense of not having tax, mot being sorned etc. This is due to FSA rules, Ombudsman Rules and more importantly the Road Traffic Act which does not allow it by Law

    But you asked; "see if either of you can find these (They don't exist)" in the link you posted and i'm merely answering your question.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Havent read all the posts but just as a principle,the car IS the OPs property since presumably he bought and paid for it.

    Can anyone point out the law which allows the police to take your property and destroy it?

    Should we let TV inspectors steal your wide screen telly and trash it just because you dont have a licence?

    Roll a bulldozer over your house if you dont insure it or pay your mortage..hoof your chattels out on the street?

    Apart from the moral aspect of it,it is an incredible waste of resources to crush something and dispose of it in this way.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • Tilt
    Tilt Posts: 3,599 Forumite
    edited 26 October 2012 at 9:24AM
    Havent read all the posts but just as a principle,the car IS the OPs property since presumably he bought and paid for it.

    Can anyone point out the law which allows the police to take your property and destroy it?

    Should we let TV inspectors steal your wide screen telly and trash it just because you dont have a licence?

    Roll a bulldozer over your house if you dont insure it or pay your mortage..hoof your chattels out on the street?

    Apart from the moral aspect of it,it is an incredible waste of resources to crush something and dispose of it in this way.

    http://www.legislation.gov.uk/ukpga/1988/52/section/165A

    https://www.gov.uk/vehicle-insurance/uninsured-vehicles
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • redrabbit29
    redrabbit29 Posts: 1,074 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Hi can anyone help advise me of the cheapest way plz

    :j


    Talk about being brain dead.

    If you want help then maybe you should string a few sentences together and actually bother to explain the issue and what help you require.
    Amo L'Italia
  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Tilt wrote: »
    Thanks..clearly flawed legislation and one wonders how it ever got passed.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    Wig wrote: »
    I'm not sure you understand,

    An insurer cannot withdraw cover for 'own loss' as you put it, on any of the following even if the policy specifically mentions these as conditions of cover:

    Having no MOT
    Driving without MOT
    Having no Tax disc
    Driving without tax disc
    Driving whilst SORN

    These would all be totally unenforceable.

    That may well be so under FSA rules - I don't have much to do with those so completely unquaified to comment - but from the law's POV, the RTA only precludes invalidating the legal minimum.
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