Car insurance help please

jag112

Hi everyone, I was involved in a minor car car accident at a speed of around 3/4mph a scratch on one side of my bumper was only damage to me now the TP is claiming for whiplash for him and passengers I did not wish to claim for anything, now the problem is that my MOT had expired 5 days before the accident genuine case of forgetting and when insurance informed me there is not MOT I got an MOT the day I became aware now insurance is saying if they have to pay out to TP then they will recover all costs from me as I breached terms of contract by not having an MOT so I am really worried as to where I stand as if their claim is accepted then it will likely be very expensive due to personal injury claims do I have any chance with the FOS or are the insurers correct and will have to pay the insurance company for what they paid to TP any help would be much appreciated many thanks

boliston

did the car fail? presuably if the fail was something that could have caused the accident eg skidding when you have bald tyres, then there could be a case for compensation - if the fail was a faulty side lamp during a daytime accident then that might be pushing it

Billy_Bullocks

jag112 wrote: »

Hi everyone, I was involved in a minor car car accident at a speed of around 3/4mph a scratch on one side of my bumper was only damage to me now the TP is claiming for whiplash for him and passengers I did not wish to claim for anything, now the problem is that my MOT had expired 5 days before the accident genuine case of forgetting and when insurance informed me there is not MOT I got an MOT the day I became aware now insurance is saying if they have to pay out to TP then they will recover all costs from me as I breached terms of contract by not having an MOT so I am really worried as to where I stand as if their claim is accepted then it will likely be very expensive due to personal injury claims do I have any chance with the FOS or are the insurers correct and will have to pay the insurance company for what they paid to TP any help would be much appreciated many thanks

Really, have you been told this verbally or in writing?

jag112

The car passed the MOT with no advisories or anything

jag112

Got it in writing saying that they will recover any costs they are required to pay by law and when calling got told that any third party costs they pay will be recovered from me as I had breached the contract

boliston

would the scale of the breach have any affect or is it black and white - such as mis spelling your name could also invalidate your contract or a small error in the quoted number of no claim years etc? presumably if it went to court it would be for the judge to decide?

jag112

They have not invalidated the insurance and not having an MOT did in no way contribute to this accident but they are simply saying they will recover costs as the contract states they will not pay in the event of an accident if the car does not have an MOT or is unroadworthy

facade

You need to find your contract, and look for the section that says you must have a valid MOT.

Then post up the paragraph.

jag112

The t&c's state; we will not pay for any of the following: loss or damage if at the time of an incident, regardless of type, be that accident, fire, or theft, your car is used in an unsafe or roadworthy condition or where such regulations require does not have a current MOT certificate (you may be asked to provide details to show that your car was regularly maintained and kept in good condition)

facade

What does it say about Third Party claims?

Reads as though your own damage & losses won't be paid.

Who is the insurer? (Looks like one to avoid)

jag112

Nothing at all about third party claims and I have not claimed for my car is there is only a little scratch just do not know if the insurers are trying it on or I can actually make a stand against them with the FOS or anything similar