Car declared SORN but....

AdrianC

sharalee99 wrote: »

Really? Jolly well should be the case!

And that would be a good thing, would it?

If the policy was invalidated, then anybody making a third-party claim from the driver of the untaxed, untested car would not be able to do so. This would generally be considered A Bad Thing.

As it stands, the insurer is obliged by law to pay any third party claims - regardless of whether their policyholder is driving within the Ts & Cs of the policy or not - but it is eminently possible for them to then reclaim any payout and costs from the driver.

Joe_Horner

sharalee99 wrote: »

Really? Jolly well should be the case!

No it shouldn't.

The RTA is clear on the matter because otherwise somebody run over, or having their car damaged, by a car where the MOT or tax had slipped by a day or two, but was otherwise insured, would have no realistic chance of claiming.

Tilt

Silver-Surfer wrote: »

Like I said, the police will have it off him if they catch him driving without tax. He ain't had any in a while.

Not if it's insured they won't. They can only seize under sec 165 rta for no insurance or licence. Tax (or lack of it) is normally dealt with by the DVLA and the police will report a non-taxed vehicle to them if they 'catch' someone driving without it.

But if the car is not insured then yes, that's s different ball game.

maddogb

AdrianC wrote: »

And that would be a good thing, would it?

If the policy was invalidated, then anybody making a third-party claim from the driver of the untaxed, untested car would not be able to do so. This would generally be considered A Bad Thing.

As it stands, the insurer is obliged by law to pay any third party claims - regardless of whether their policyholder is driving within the Ts & Cs of the policy or not - but it is eminently possible for them to then reclaim any payout and costs from the driver.

very interesting! can you impart which acts covers this?

sharalee99

I should add, it hasn't been taxed or had an MOT since 2014. Personally, I think the chances of it being insured are quite slim.

Rover_Driver

maddogb wrote: »

very interesting! can you impart which acts covers this?

s.145, Road Traffic Act 1988.

Tilt

sharalee99 wrote: »

I should add, it hasn't been taxed or had an MOT since 2014. Personally, I think the chances of it being insured are quite slim.

I would say it's 99.9% that it's un-insured. There is away of checking but you could infringe the data protection act by doing so. Here is the link, it's up to you. But 'if' you find it's un-insured then it should be reported to the police if it's being driven/kept on the public road.

http://ownvehicle.askmid.com/

P.S. If you report it to the police, do not tell them you used the MID site to get the information. Just tell them you have reason to believe it's being used un-insured. They can themselves check.

sharalee99

Tilt wrote: »

I would say it's 99.9% that it's un-insured. There is away of checking but you could infringe the data protection act by doing so. Here is the link, it's up to you. But 'if' you find it's un-insured then it should be reported to the police if it's being driven/kept on the public road.

http://ownvehicle.askmid.com/

P.S. If you report it to the police, do not tell them you used the MID site to get the information. Just tell them you have reason to believe it's being used un-insured. They can themselves check.

Though tempting, I wouldn't want to do anything that wasn't above board.
I will keep an eye out I think, and if he continues to deliberately break the law, then I may have to do something, but I'll do it through DVLA link. What puzzles me most, is that he has a perfectly legal, roadworthy car too.

pappa_golf

go on , be brave and tick the box , you can then sleep tonight knowing if its insured or not

Silver-Surfer_2

maddogb wrote: »

that's not definite tho is it?
My own policy states the insurers can declare the policy null and void if I fail to have a valid MOT "if required"
ASFAIK the only exception to use on a public road is travel to a MOT testing station for an MOT so possibly once a year?

Yes it is.