Car insurance help please

facade

I don't know, you need an insurance expert. You could try posting in The Flame Pit over at Pepipoo.

It reads to me as if they won't cover your loss or damage. The complication is the third party claim against you, and your insurance pick up the tab, so a third party whiplash claim may be your loss...

Shaka_Zulu

You need to get your ducks in a row here in case this gets really nasty. Write down all details take photos etc etc.

Billy_Bullocks

Shaka_Zulu wrote: »

You need to get your ducks in a row here in case this gets really nasty. Write down all details take photos etc etc.

Bit late to take photos.

angrycrow

jag112 wrote: »

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)

We would need to see the full text of this policy wording to put that in context before we can definitively say if it would allow the insurer to recover tp claims from you but from what you have posted this appears to only apply to own damage not third party liabilities so they appear to be over reaching the terms of the policy.

Fos are likely to rule it an unfair term if you can demonstrate the car was roadworthy at the time of the accident which a clean mot the same or next day will have confirmed.

Please name the insurer so we can view the full policy terms on their website.

jag112

Thank you that is the only wording relating to any claims or mot and the mot was a few days after the accident and passed it was done on the day we received a letter from insurance saying we didn't have mot as this was the when we found out

Billy_Bullocks

jag112 wrote: »

Thank you that is the only wording relating to any claims or mot and the mot was a few days after the accident and passed it was done on the day we received a letter from insurance saying we didn't have mot as this was the when we found out

What insurance company is it?

jag112

It is go skippy

paddyandstumpy

They are a Broker, check your schedule or certificate to see who the actual Underwriter is.

jag112

I believe it is Eldon insurance

dacouch

Go Skippy can write whatever they want about the car requiring an MOT however they cannot enforce it.

The Ombudsman is very clear that not having an MOT does not invalidate the cover (Providing not having an MOT did not contribute to the accident)

This is what the FOS says

"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://web.archive.org/web/20150901004439/http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html

(I've linked to an archived copy as the FOS recently updated the link to make it more customer friendly and removed the techinical information)

This is the current page

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html

Rest assured, the Ombudsman will still apply the same common sense approach.

In addition the FCA (Who regulate Go Skippy) also apply a common sense approach.

ICOBS 8.1.2 states thus

"A rejection of a consumer policyholder's claim is unreasonable, except where there is evidence of fraud, if it is :

(3) for breach of warranty or condition unless the circumstances of the claim are connected to the breach and unless (for a pure protection contract):

https://www.handbook.fca.org.uk/handbook/ICOBS/8/1.html

In addition (Which is relevant to you) ICOBS 8.1.1 states

"An Insurer must


(3) not unreasonably reject a claim (including by terminating or avoiding a policy); and"

To simplify what the FCA are saying it's basically that is there is a warranty in your policy such as the car must have an MOT. Then if you do not comply with this and have a claim, then the Insurer CANNOT deny the claim if you breaching the warranty requiring you to have an an MOT had no impact on your accident.

It's similar to an Insurer requiring your Home to have window locks, you not using them when there was a storm that damaged your roof. Clearly not locking the windows has no impact on the roof being damaged.

As your accident was at such a low speed, I assume the lack of an MOT had no impqct on the accident.

You need to make an "Official Complaint", keep it polite and concise and then copy and paste the links and passages I have highlighted.

Feel free to point them to this page and this post, you may find that contacting them by social media may help.

Should Go Skippy be stupid enough to decline your complaint (They have 8 weeks to respond) then you can then take the matter to the Ombudsman who will side with you.

GS should not be including such a requirement in their policy to have an MOT as it's entirely unenforcable. So do not feel like you are getting one over on them by calling them out, they should not be treating you like this in the first place. Their senior staff should be well aware of the Ombudsman's guidance and also their duties under ICOBS

If you need any more help, feel free to ask.

P.S Is your policy comprehensive and if so are they declining to repair your car? If so then the Ombudsman are likely to award you compensation for the delay in the claim and / or not having use of the car

P.P.S Have GS tried to cancel your Policy yet?