If your cars mot has run out, is your insurance void?

Norman_Castle · 1 July 2011 at 10:00AM

but that doesn't mean the insurance is void

Yes, we know that.

The question is "Are the police aware of the ombudsmans ruling?, and has the ombudsmans ruling stopped these unfair terms being shown in insurance policies?"

pitkin2020 · 1 July 2011 at 10:35AM

mikey72 wrote: »

But if you take the box off, or exceed the miles, or drive out of time and don't pay, you still have third party liability, whatever it says in the t&c's. The insurer may try to recover it off you later, but they'll still have to pay out.

If you don't pay they are likely to cancel the contract so you won't be covered as you will have no insurance!!

sarahg1969 · 1 July 2011 at 10:35AM

It's not the ombudsman's ruling that makes the policy not void. The ombudsman's ruling relates to the payment of own damage.

Lack of MOT would not automatically void the policy. The insurers may try to avoid paying out any own damage claims, but the third party cover would still be in force, quite aside from anything the ombudsman says.

I wonder if there are any cases where someone has been found guilty of having no insurance, purely because their MOT certificate has expired?

Section 148 (2)(b) Road Traffic Act 1988:

http://www.legislation.gov.uk/ukpga/1988/52/section/148

If there is a policy in force, an insurer cannot refuse to deal with third party claims simply because of the lack of a valid MOT certificate. Ergo, a vehicle without MOT is still insured, and a charge of no insurance must fail. This does not mean, of course, that the police, CPS or Magistrates would necessarily understand, but an appeal on conviction should be successful.

thenudeone · 1 July 2011 at 1:35PM

pitkin2020 wrote: »

If you don't pay they are likely to cancel the contract so you won't be covered as you will have no insurance!!

Yes but they have to give you notice before cancellation takes effect. (unless they issue certificates on a month by month basis like Budget does (or used to))

thenudeone · 1 July 2011 at 1:42PM

This sort of question reminds me that people have forgotten what insurance is for. It is to cover your liability in the event that you are liable for damage or injury to others. So in order to "cover you", the driver must be at fault. It doesn't matter what that fault is - driving carelessly, driving while drunk, or over the speed limit, with an unroadworthy vehicle; or whether there are other legal issues that are unrelated to blame, such as if their licence has expired - the insurer still has to cover you.
Insurers can try to limit their cover for damage to the insured's vehicle (although some of these exclusions may be found to be unfair), but not third parties.

creeping_jesus · 1 July 2011 at 2:51PM

jim22 wrote: »

I cant find any exclusions due to lack of MOT. Exclusions that do void the insurance include driving on the Nurburgring, or the car being affected by radiation!

Sorry, saw this and had to laugh. Radiation eh, better not drive to chenobyl then...

Norman_Castle · 1 July 2011 at 4:29PM

So, the question, If your cars mot has run out, is your insurance void?, only relates to claiming for your own losses from your own insurer. Third party losses have never been in doubt. If so, driving without an MOT has never meant you are driving while uninsured but that a section of your policy may be void and that your own losses may not be covered by your policy and it is this that the ombudsman has ruled as unfair. Is this correct?

sarahg1969 · 1 July 2011 at 4:50PM

Norman_Castle wrote: »

So, the question, If your cars mot has run out, is your insurance void?, only relates to claiming for your own losses from your own insurer. Third party losses have never been in doubt. If so, driving without an MOT has never meant you are driving while uninsured but that a section of your policy may be void and that your own losses may not be covered by your policy and it is this that the ombudsman has ruled as unfair. Is this correct?

Yes - except that nothing would be "void", as such.

atrixblue.-MFR-. · 1 July 2011 at 6:04PM

i think the only way no MOT affects insurance is if at the time your MOT ran out and you didnt have it done and continued to drive it someone hit you or you hit someone the pay out you recieve for the insurance in the event of a write off would mean a lesser offer because of lack of MOT.

pitkin2020 · 1 July 2011 at 8:47PM

sarahg1969 wrote: »

Yes - except that nothing would be "void", as such.

Well your full comp cover could well and truly be void but you would still get third party. The whole policy and cover wouldn't be void though.

If your cars mot has run out, is your insurance void?

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