Car Insurance claim without MOT

Denis0001

Evening,

First time post, but hoping you folks can help.

I have a similar dilemma to the original post in that my wife's car was hit (passenger door badly dented) today whilst parked, and the person who did it drove off without leaving details, nor were there any witnesses. However upon reviewing car paperwork this evening we realised that the MOT had expired (no excuses - just life getting in the way)

Further review of the insurance policy states...

General Conditions

You must comply with the following conditions to have full protection of your policy. If you do not comply with them, the insurer may cancel the policy or refuse to deal with your claim or reduce the amount of any claim payment.

Some more insurance jargon....

Care of your car

- protect your car from loss or damage, and
- maintain your car in an efficient and roadworthy condition, we may examine your car at any time
- ensure you have a valid department for transport test (MOT) certificate for your car if one is needed by law.

So whilst recognising some advice in this thread suggesting a valid MOT is not a factor in a claim, and supported by the link to the financial ombudsman (albeit that appears to be for a total loss 'write-off'), I am worried that because my policy states it, I may have a problem.

Any help, thoughts appreciated.

dacouch

Denis0001 wrote: »

Evening,

First time post, but hoping you folks can help.

I have a similar dilemma to the original post in that my wife's car was hit (passenger door badly dented) today whilst parked, and the person who did it drove off without leaving details, nor were there any witnesses. However upon reviewing car paperwork this evening we realised that the MOT had expired (no excuses - just life getting in the way)

Further review of the insurance policy states...

General Conditions

You must comply with the following conditions to have full protection of your policy. If you do not comply with them, the insurer may cancel the policy or refuse to deal with your claim or reduce the amount of any claim payment.

Some more insurance jargon....

Care of your car

- protect your car from loss or damage, and
- maintain your car in an efficient and roadworthy condition, we may examine your car at any time
- ensure you have a valid department for transport test (MOT) certificate for your car if one is needed by law.

So whilst recognising some advice in this thread suggesting a valid MOT is not a factor in a claim, and supported by the link to the financial ombudsman (albeit that appears to be for a total loss 'write-off'), I am worried that because my policy states it, I may have a problem.

Any help, thoughts appreciated.

As this thread explains, your Insurers cannot decline your claim due to the vehicle lacking an MOT irrespective of what the Policy wording says.

The Insurers can decline your claim if your car was "Unroadworthy" AND that the car being "Unroadworthy" by some freak of nature somehow caused your parked car to be hit by another vehicle.

So you do not need to worry about the lack of an MOT.

In addition, Insurers tend not to check the MOT if the car is not being written off.

Bear in mind that the types of Insurers who (Knowingly) include a requirement for the vehicle to have a current MOT a the cheap and cheerful Insurers.

Which Insurer are you with?

Basically, don't worry about it, if the Insurers try to make an issue of the lack of an MOT, it's relatively easy to make them realise you know they're trying to pull a fast one on you

dacouch

Yes Hastings Direct are certainly a cheap and not cheerful Insurer.

Generally you would make a polite phone call and remind them of the Ombudsman's views on Insurers requiring and MOT and also throw in the FCA's ICOBS rule 8.1.2.

If that did not work, you would make an "Official Complaint" which they have to properly investigate and report back to you. If you went down the Official Complaint route I would also throw in a request for compensation for them unreasonably delaying the claim (The Ombudsman has guidance on this).

Fortunately for you, as Hastings attract a lot of online complaints they have reps on social media and forums who try their best to polish the proverbial turd. The reps are fairly active so they respond to posts quite quickly and are pretty good at correcting errors.

In future don't just look at the cheapest price as you'll end up with an Insurer such as Hastings.

I would not worry to much about the lack of an MOT as it's fairly easy to iron out with the Insurers who incorrectly include the requirement for an MOT in their policy.

Denis0001

Great news - I'll make the claim tomorrow, and share the outcome on here.

Thanks again!

dacouch

Denis0001 wrote: »

Great news - I'll make the claim tomorrow, and share the outcome on here.

Thanks again!

Please update the thread, it helps anyone in the future in a similar position to you to see the result.

It's also good for us to see the results

adamp0403_2

Don't suppose anyone has any experience of this since this thread? My MOT was due in November (hadn't updated my records and forgot) so got it done yesterday afternoon, my mechanic worked on the advisories and reasons of failure ready for the re-test today and I had an accident on my way to get it re-tested.

Any advice?

adamp0403_2

dacouch wrote: »

Please update the thread, it helps anyone in the future in a similar position to you to see the result.

It's also good for us to see the results

Don's suppose you have any updated info on this situation?

Really worried

dacouch

Here is a recent similar thread.

https://forums.moneysavingexpert.com/discussion/5607249

Are you claiming for the repairs to your own car, as the information has changed recently in your favour.

Have your Insurers told you the lack of an MOT is an issue?