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Insurance and Mot help

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I was wondering if anyone could offer me some advice please.

I was involved in a non-fault car accident the other day where the other driver drove through a red Leigh and we collided. There were no witnesses and no traffic light cameras...typical.

Anyway, I proceeded with a non-fault claim and have just been informed that my claim is invalid due to an expired MOT certificate! I really didn't know it had expired. They have also decided to cancel my insurance policy, meaning now if the other driver decided to claim against me, I would be liable for £600 excess and payment of the remainer of my policy which is another £600. Baring in mind I have damages to my car (it's still drivable).

The other driver hasn't informed his insurance as of yet. So i was hoping to speak to him so we can possibly settle this privately.

I have an mot booked in this weekend, and was wondering if I could re-instate my insurance policy? Technically if I get hold of the other driver which I have not been able to yet and the claim gets settled privately my insurance would not incur any costs if the accident went as 50/50.

Does anyone think it is a likely case that I can get my insurance renewed and i will completely forget about the claim so that it's in my Insurance's favour if I present them with a new mot certificate?

It costs so much more to have to admit to new insurance companies that I've had a policy cancelled!

Thanks in advance!
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Comments

  • molerat
    molerat Posts: 34,558 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are in for a long struggle with this insurer. You need to start by lodging a formal complaint, they have 8 weeks to come to a conclusion which you agree or you then take it to the ombudsman where you will invariably win. In the mean time you are in a hole. Please name them.
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    As above, what your insurance company have done is wrong and not allowed but getting them to realise this and "remedy" the situation is going to take some time.
    All your base are belong to us.
  • Mizqtpie
    Mizqtpie Posts: 7 Forumite
    Thanks for your reply! What do you mean, have they done something wrong?

    The insurance company is Eldon Insurance
  • Mizqtpie
    Mizqtpie Posts: 7 Forumite
    Thanks for your reply, in what way? Sorry it is so confusing! My MOT ran out on in January and I had no idea! Silly really I should have checked, but was told when I bought my car that it had 9 months of Mot, clearly only 3!
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Mizqtpie wrote: »
    Thanks for your reply! What do you mean, have they done something wrong?

    The insurance company is Eldon Insurance

    Well the ombudsman for insurance has previously ruled that it's unfair to cancel someone's insurance or refuse to pay out due to not having an MOT.

    So your insurance company shouldn't cancel it or refuse to pay out.

    But because they have, you need to lodge an official complaint. If they are unable to resolve the complaint after 8 weeks, then you can escalate it to the ombudsman.

    You will need to try claiming from the third party directly for the moment and "i think" (hopefully someone can confirm) that you need to declare a cancelled policy until it's been resolved but it's unlikely it will be resolved quickly.
    All your base are belong to us.
  • Mizqtpie
    Mizqtpie Posts: 7 Forumite
    Thank you so much for your advice! Really helpful!
  • alchemist.1
    alchemist.1 Posts: 860 Forumite
    Cancelled policy wont just leave you with repair costs to pay. If hire companies get involved and an injury claim gets instigated then you could be looking at quite a bit.

    If you are going to deal with it privately, best pay him off quickly and early on for everything (and ensure you do get something in writing confirming that it is for everything).
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This recent thread coincidently about Eldon gives you all the information you need to win your case against Eldon

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

    You will need to make an "Official Complaint" their solution to this should be to reinstate your policy and handle the claim.

    If they are stupid enough not to do this then you would then need to go to the Ombudsman, the Ombudsman will rule in your favour providing your car was "Roadworthy" and the Ombudsman will require Eldon to put you back in the financial position you were prior to Eldon making their mistake
  • Mizqtpie
    Mizqtpie Posts: 7 Forumite
    I was only thinking of paying him off just in case he decided to purse against me, meaning I would have to pay £600 excess and the remainder of my 'cancelled' policy. But in reality he is at fault
  • Mizqtpie
    Mizqtpie Posts: 7 Forumite
    Thank you so much!! Really helpful advice
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