Car Insurance - Policy Invalid Issue

3dogsandacrazyhouse

Hi, looking for some advice on the below matter. 

Last year (April 2021) I had an accident, I hit someone from behind, so my fault. It was in traffic jam, travelling approx 10mph. 

I swapped insurance details with the gentleman, he had minor scratches on his bumper. I called my insurance company gave them all the information, which they accepted. Two days later my insurance company called me and said my policy was invalid as my mot had expired 2 days before the accident, obviously I had no idea it had expired and got my mot done the same day. My insurance company said that the other parties damage was covered but mine was not, so I swallowed it and paid out for my damage, thinking that was it done. 

Then today I have received a letter from the insurance company saying that they want reimbursing for the money they paid out to the other person, approx £2.7k. 

Is this allowed, they assured me his costs were covered? It's a year ago and If I wasn't insured, surely I should have had the opportunity to have paid the costs a year a go, and could have got the work done for less. 

Any advice would be greatly received. 

Thanks!!

molerat

You need to raise a complaint with your insurer.  Lack of MOT is not grounds for invalidating insurance and is the view supported by the ombudsman. Name them - but I am sure most could give a pretty good guess.

400ixl

They should not have invalidated the policy due to a lack of MOT. All they should have been able to do was to make reasonable adjustments.

This includes that they should have paid to repair your car as well as the 3rd parties.

If for example the damage for your car was enough to write it off then they could have made an adjustment (say 10%) of the value due to it not having an MOT.

Sounds like you have grounds for a complaint both on the coming after you now and for them not paying out your repairs.

3dogsandacrazyhouse

molerat said:

You need to raise a complaint with your insurer.  Lack of MOT is not grounds for invalidating insurance and is the view supported by the ombudsman. Name them - but I am sure most could give a pretty good guess.

Thanks, I will do.

It is 1st Central, they are owned by First Central Group Ltd. 

They have put this quote in the letter, so I thought there was no comeback on it:

Sandtree

Section 1 covers own damage only

Section 4 is liability to others and for driving your own car there is no mention of MOT so you can tell them to swivel 

Aretnap

Unless the insurer had evidence that your car had a defect that would have been picked up by an MOT, and that defect was a significant factor in causing the accident, they should not have turned down your claim for your own damage, let alone for third party damage. Here's a recent Financial Ombudsman decision on the subject. 

https://www.financial-ombudsman.org.uk/decision/DRN-3123029.pdf