Car Crash on first day of owning! Advice needed

Mbgeezle

Hi. I was involved in a rtc yesterday hours after purchasing my car. The back end just went and I ploughed into a parked vehicle. My friend has been quite badly injured he was not wearing his seatbelt (idiot I no!) and I'm just suffering with whiplash. I phoned my proposed insurers literally on the way to purchase the vehicle so I knew it was insured beforehand. I drove back from purchasing which was a 2hr round trip and picked my friend up as we we're going to get a hair cut. I was then going to drive home. The police informed me that the vehicle hadn't been mot'd since late 2016! I wasn't aware of this when purchasing. My fault for not checking. From rules I've read that insurers cannot refuse a claim based on no mot fsa rules etc. Which has put my mind at rest as literally had the car a matter of hours! But also that's means no valid road tax, which I attempted to do online at the scene of purchase. But the internet wasn't the best. So it wouldn't go through (due to their being no valid mot I now realise). Anyway to cut a long story short, not sure if my car is a right off, police officers were really decent about it and have just telephoned me chasing up my policy number which i will get from my insurers in the morning. I was not breathylised at the scene which is the first thing they should do! And they also put no markers down to measure my speed, I was also not checked over by the ambulance crew who arrived 45 minutes after being called! I have a receipt also with the date and time of purchase from the person I bought it off which shows it was a matter of hours before the accident. Any help and advice would be greatly appreciated!

molerat

You need to read carefully what you agreed to when you took out the insurance. Did they ask if the car was taxed and MOTd, not the same situation as them running out during the insurance period.

Mbgeezle

From what I've read on this forum and on numerous threads here even if it says in the small print they can not actually refuse on the mot grounds, unless they prove that the vehicle was unroadworthy before the accident (it was roadworthy) I even made the police officer check the tyres! It may affect my final pay out because of the mot. But shouldn't effect the insurance.

dacouch

Your Insurers may try and pay you the "Market Value" of the car at the time of the accident eg with another owner on the log book which may be considerably less than you paid.

The Ombudsman requires an Insurer to pay for a vehicle you have "Recently purchased" the amount you paid for the vehicle. So if your Insurer offer you less than you paid (Excluding the Excess and any deduction for the remaining premiums) then refer them to the relevant advice from the Ombudsman

marlot

Mbgeezle wrote: »

...The back end just went...

Mbgeezle wrote: »

...it was roadworthy...

How do you know it was roadworthy, or were you simply driving too fast for the conditions?

You can't claim for your own injuries. But your friend may be able to claim from you/your insurance. Also the owner of whatever you hit.

Your insurer may reduce your payout to reflect the value of the car with no MOT. Or they coud say that you've driven other than in accordance with the Ts&Cs if the car is unroadworthy. As I understand it, this is most likely to be used when th car has illegally bald tyres.

Hoogle

It was not Taxed or MOTd I had an issue with my car parked on the Driveway a few years ago when I was Abroad for 1 year the tax and MOT had ran out 6 weeks before my return. Whilst I was away it was stolen and burnt out. My insurance company (more than) refused to pay out as it was not motd or taxed. But after a letter of appeal explaining it they did end up paying me a fair price for the car.

maninthestreet

So you knew the car was not taxed, but still drove it on the public roads?