FPN for not having valid MOT for 18yo

AdrianC

Shaun_of_the_Dead wrote: »

Interesting point but given comprehensive insurance is above what they're obliged to provide are you not bound by the contract you've entered into and agreed to have an mot?

The claim won't be paid beyond the legal minimum.

The OP can't be prosecuted for no insurance - because they have insurance that meets RTA requirements.
The third party will be paid, because the insurer can't not do.

But that's about it. And the bill may well come back to the OP.

TooManyPoints

Interesting point but given comprehensive insurance is above what they're obliged to provide are you not bound by the contract you've entered into and agreed to have an mot?

The claim won't be paid beyond the legal minimum.

But that seems at odds with the decision of the insurance adjudicator, upheld by the Financial Ombudsman in the case of Mrs K v One Insurance which Shaun has helpfully highlighted. I think (though cannot be sure) that was the case I was thinking of in my earlier post. I was incorrect in thinking the decision came from a court.

facade

What about when a vehicle is being driven, perfectly legally, to a pre-booked MOT test? It might not have tax either, as you can't buy it without the MOT.

Car_54

facade wrote: »

What about when a vehicle is being driven, perfectly legally, to a pre-booked MOT test? It might not have tax either, as you can't buy it without the MOT.

See posts #8 & 9.

Ectophile

Shaun_of_the_Dead wrote: »

Interesting point but given comprehensive insurance is above what they're obliged to provide are you not bound by the contract you've entered into and agreed to have an mot?

The law beats any contract.

shaun_from_Africa

Shaun_of_the_Dead wrote: »

Interesting point but given comprehensive insurance is above what they're obliged to provide are you not bound by the contract you've entered into and agreed to have an mot?

Only if that contract is fair.
Contract terms which are deemed to be unfair are not legally binding irrespective of your having agreed to them.
As the FO has deemed that such a term is unreasonable, the policyholder can't be held to it.

onomatopoeia99

facade wrote: »

What about when a vehicle is being driven, perfectly legally, to a pre-booked MOT test? It might not have tax either, as you can't buy it without the MOT.

The insurance clause says that the vehicle must have an MOT where required by law. When being driven to or from a previously booked MOT, the vehicle is legally exempt from the requirement for a current MOT and road tax (it's in the road traffic act but I don't know the number of the relevant section off the top of my head), so complies with the insurance term.

Heliflyguy

Right at the end of a online BBC article yesterday about Mot car lifts cracking in NI AXA claimed the must have Mot line.

Said they would overlook the requirement under certain circumstances attributed to the lift problem.

With so much misinformation its easy to see why the confusion. Insurance companies should be told to stop quoting if its doesn't invalidate a policy.

Lubylu31

Thank you for the advice, it was only a FPN no points and the car was MOT'd the next day and passed. It was her first car and already had an MOT on it when it was bought and sadly it was an oversight by not putting it on the calendar to check a couple of weeks before it was due but hopefully now with the calendar reminder for next year she will also get a reminder from the garage too Rookie mistake but one that I .. cough .. she's learnt by

The police said she didn't think she would have to notify them but to check lol .. I'm thinking it's similar to a speeding awareness course you don't declare them do you as it's not a conviction? I don't want to inform the insurance if I don't have to otherwise it's on the system and passed to all

Thanks again

Car_54

Lubylu31 wrote: »

Thank you for the advice, it was only a FPN no points and the car was MOT'd the next day and passed. It was her first car and already had an MOT on it when it was bought and sadly it was an oversight by not putting it on the calendar to check a couple of weeks before it was due but hopefully now with the calendar reminder for next year she will also get a reminder from the garage too Rookie mistake but one that I .. cough .. she's learnt by

The police said she didn't think she would have to notify them but to check lol .. I'm thinking it's similar to a speeding awareness course you don't declare them do you as it's not a conviction? I don't want to inform the insurance if I don't have to otherwise it's on the system and passed to all

Thanks again

You need to read exactly what your policy requires.