no-fault car crash.... write-off... now what?

fred246

I am no expert. Someone will probably come along with good advice. Realistically you will probably not get much for your car. Maybe keep quiet and nobody will notice. When a relative of mine had their car written off I think they asked for copy of MOT before they settled. Insurance companies don't like paying anything. Maybe if you request nothing no-one will ask for your MOT.

dacouch

Lack of an MOT will not invalidate your insurance although some Insurers may try and tell you it will. If they do post here for advice on how to over turn it.

If you claim from your own policy, then the Ombudsman's guidance will apply (Your Insurers have to abide by the following)

"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

If you're claiming directly from the other Insurer and / or are using a claims management to claim from the other Insurer for the damage. Then the Ombudsman's guidance does not apply and they will normally reduce the written off value of your car due to a car without an MOT being worth less than a car with an MOT.

They will typically value the car on the "Trade" value which reduces the value of your car by about 20%

JustinR1979

Yep, my insurance asks for car to be roadworthy, no mention of an mot.

Spicy_McHaggis

JustinR1979 wrote: »

Yep, my insurance asks for car to be roadworthy, no mention of an mot.

They will probably ask for the keys, V5 and MOT to write it off.

tight_scotsman

No MOT since July 2014 you say?

You are very lucky it was not picked up on a police ANPR camera. And usually when you are involved in an accident the police normally run your vehicle through the PNC to check for mot and insurance.
I would be keeping quiet about it and put it down to experience .

I would abandon any claim against iether yours or the haulage companies insurance .
Just scrap the wreck and think yourself very lilucky indeed.

tight_scotsman

Also if the haulage company get wind of your car being without an MOT at the time of the accident they will likely inform the police . So i would take legal advice on my next step

dacouch

tight_scotsman wrote: »

Also if the haulage company get wind of your car being without an MOT at the time of the accident they will likely inform the police . So i would take legal advice on my next step

It's highly unlikely the haulage company would inform the police, even if they do and the police bother to take action it's a non endorsable conviction (No points on your licence) and a likely fine of circa £150.

There is no reason the OP cannot make a claim against either his Insurers or the haulage company. Personally I would probably claim against my own insurance due to the Ombudsman's guidance on lack of MOTs being in his favour. But it would depend on the value of the car and his premium / amount of time left on his policy.

Spicy_McHaggis

tight_scotsman wrote: »

Also if the haulage company get wind of your car being without an MOT at the time of the accident they will likely inform the police . So i would take legal advice on my next step

Ignore the scaremongering.

Spicy_McHaggis

londonTiger wrote: »

hope the !!!! loses his license and never steps in a lorry ever again

Yes, the nasty truck driver hit a vehicle that shouldn't have been on the road.

What's your stance now, ban them both?

Aretnap

tight_scotsman wrote: »

Also if the haulage company get wind of your car being without an MOT at the time of the accident they will likely inform the police . So i would take legal advice on my next step

Your signature seems rather apt.