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    car insurance help please

    Hi I was involved in a car accident and had no MOT at the time as had genuinely forgot and got it MOT'd after few days had informed the insurer and now they say they will recover third party costs from me if they have to pay out as I had no MOT at the time so broke the contract just need some advice really thanks btw third part put in claim for personal injury and whiplash for driver and two passengers it was a little scrape at 3/4mph turning into a side road thank you

    30 Comments

    Not much you can do about the 3rd party costs, I presume this is the excess? You are not getting your car repaired? Driving with out the MOT except too and from and MOT test is a no no. As a fleet manager I would hazard guess if you never said anything, the insurance company would not do an automatic audit to check if you had an MOT so you would probably have got away with it. I presume no police attend and hence no producer to reg plate check by the plod.

    Most insures only look in to things through either random audits on claims or if the claim reaches a certain amount.

    Claims for whiplash etc. will probably be investigated at both ends, its pretty standard for people to put in a PIC!


    Edited by: "groenleader" 21st Feb

    If it was a little 3-4mph bump why did you not just tell them to get a quote to get the issue fixed and u would pay it. At this speed can only guess it is a scratch and would not cost more then £80-100 to re-paint the panel.
    where peoples excess is normally over £200+

    But not having a MOT is you fault most garages send you a txt message saying when your MOT is due as they want the business.

    When ever Ive been involved in an accident regardless of fault the insurance companies have always checked the validity of an MOT and road tax.
    Its their get out clause should you fail to comply. However by law they must cover 3rd party only but as you broke the contract they are within their rights to claw back any costs as you invalidated the contract.

    As for the 3rd party claiming whiplash, Insurance companies have cracked down on bogus claims and there was talk of only accepting a claim for whiplash if it was over so many mpg but even if that hasnt come into effect they wont pay out easily.

    Always best to pay for the legal cover when getting insurance, they will do all the donkey work for you.
    Edited by: "rhinopaul" 21st Feb

    Original Poster

    groenleader

    Not much you can do about the 3rd party costs, I presume this is the … Not much you can do about the 3rd party costs, I presume this is the excess? You are not getting your car repaired? Driving with out the MOT except too and from and MOT test is a no no. As a fleet manager I would hazard guess if you never said anything, the insurance company would not do an automatic audit to check if you had an MOT so you would probably have got away with it. I presume no police attend and hence no producer to reg plate check by the plod.Most insures only look in to things through either random audits on claims or if the claim reaches a certain amount. Claims for whiplash etc. will probably be investigated at both ends, its pretty standard for people to put in a PIC!



    Thanks and there is no excess as it it's third party fire and theft and only some scratches to my car and I never told them about the no MOT they sent a letter saying I did not have MOT at the time that's when I realised I had no MOT and got an MOT and it is all ongoing I just hope that their whiplash claims get investigated as insurance are saying if they payout to them they will recover all costs from me

    bmwm2011

    Thanks and there is no excess as it it's third party fire and theft and … Thanks and there is no excess as it it's third party fire and theft and only some scratches to my car and I never told them about the no MOT they sent a letter saying I did not have MOT at the time that's when I realised I had no MOT and got an MOT and it is all ongoing I just hope that their whiplash claims get investigated as insurance are saying if they payout to them they will recover all costs from me



    DO a quick google for a solicitor and find someone for a no fee chat. It might well work out that a solicitor costs more then whiplash claim! Typical lash claims + the admin can easily start £1K for one person. I would speak with the insurance company too!

    bmwm2011

    Thanks and there is no excess as it it's third party fire and theft and … Thanks and there is no excess as it it's third party fire and theft and only some scratches to my car and I never told them about the no MOT they sent a letter saying I did not have MOT at the time that's when I realised I had no MOT and got an MOT and it is all ongoing I just hope that their whiplash claims get investigated as insurance are saying if they payout to them they will recover all costs from me



    if they put in a whiplash claim followed up by a doctor it is hard to prove they have it or not even most doctors cannot guarantee if they really have it.

    Happened to me in a accident around 10-20 year ago but did involve much higher speeds at around 40MPH. (we said 50 50% at the crash as he was a friend of my brothers that was stoned out his head and done a U turn on the main road and i hit him. so still kinda my fault. that i did not know his dad was a police offer so tried to blame it on me)
    the following day both our cars where at the local car compound and we both new both cars will be written off. he was there with his GF (that was also in the car) and they where getting all the stuff out. inc sound systems and such likes. i make sure i took photos of them. and they then put in a whiplash clime and i could prove they where able to lift and move around like normal from my photos.

    I ended up in court where the the judge threw out (quote from the Judge "I don't even know why this got this far") the case 3 days later got a phone call from my insurance saying it was my fault. told them it was through out of court that they did not even know about ended up 50/50 and he also had to pay for a farmers fence as his car damaged it.


    Edited by: "djmackie2000" 21st Feb

    djmackie2000

    If it was a little 3-4mph bump why did you not just tell them to get a … If it was a little 3-4mph bump why did you not just tell them to get a quote to get the issue fixed and u would pay it. At this speed can only guess it is a scratch and would not cost more then £80-100 to re-paint the panel.



    A scratch perhaps, but the moment you put a dent in a panel the costs inflate hugely. I've got a small dent on my rear wheel arch from a careless person reversing into it at very low speed. The cost to repair it? Somewhere between £400-£750 depending on how reputable the repairer is.

    I get that a lot of people claim whiplash just for the money but I was in an accident at max 5mph also turning into a road. I ended up with whiplash and a twisted vertebrae. It took 18 months of treatment to get back to where I should be.

    As it was a good friend that hit me all I got for compensation was a bunch for flowers and eternal gratitude so no reason to fake a condition lol
    So i guess my point is, it's really hard to throw out the injury claim despite the speed

    Wish you luck with it!
    Edited by: "BudgetAngel" 21st Feb

    Scorpion

    A scratch perhaps, but the moment you put a dent in a panel the costs … A scratch perhaps, but the moment you put a dent in a panel the costs inflate hugely. I've got a small dent on my rear wheel arch from a careless person reversing into it at very low speed. The cost to repair it? Somewhere between £400-£750 depending on how reputable the repairer is.



    happened to my BMW 320D 57 plat delivery guy backed up in to my car hitting the back panel (made from metal) dented it and scratched it cost £200 by BMW to fix and paint it. I had a scratch on my door panel and cost me £100 to paint it.

    Most paint shops I know cost around £80-100 per panel painted.(if the insurance company is involved this has be put up to x2 this amount)

    also i know for my car new front wing (plastic) and painted cost £300 unfitted tho.

    Edited by: "djmackie2000" 21st Feb

    Slightly off topic. I just want to mention that the lack of punctuation in comments makes them very difficult to understand. Some of you are making very good points but it just doesn't come across very clearly.

    Back to the topic. OP, how long was the period between your MOT expiring and the accident? If it is only a matter of a few days, you might be able to claim that it was indeed an oversight and not a deliberate attempt to break the law and breach the contract. Slim chance, but a chance nonetheless.

    Original Poster

    rufnek2kx

    Slightly off topic. I just want to mention that the lack of punctuation … Slightly off topic. I just want to mention that the lack of punctuation in comments makes them very difficult to understand. Some of you are making very good points but it just doesn't come across very clearly.Back to the topic. OP, how long was the period between your MOT expiring and the accident? If it is only a matter of a few days, you might be able to claim that it was indeed an oversight and not a deliberate attempt to break the law and breach the contract. Slim chance, but a chance nonetheless.


    Hi it was 5 days

    bmwm2011

    Hi it was 5 days



    Shame it was not booked in to the MOT station before the accident even tho u are not allowed to drive the car apart from, to the MOT station on the day of testing would of looked better.

    I think there is a service you can sign up to that sends you letters about tax and mots due dates.
    even tho the Tax people should send u one anyhow.

    if you forgot to check online that is.
    gov.uk/che…mot



    Edited by: "djmackie2000" 21st Feb

    Did your car pass the MOT you subsequently had done a few days after the accident? Have a read this of this article as no MOT might not always invalidate your insurance.....
    drivingtesttips.biz/no-…tml

    Your insurer is trying it on, in the hope you will just agree and roll over.

    The lack of MOT had no bearing on your accident, something the financial ombudsman will agree with.

    No MOT should not invalidate insurance unless it specifically states in terms and conditions. Most T&C's just state car must be roadworthy, all an MOT pass proves is that it was roadworthy at the moment it was tested. You could kerb the car & damage a tyre on the way home. If your car passed the subsequent MOT that may be argument enough that it was roadworthy.
    I'm not condoning driving without an MOT but 5 days isn't much anyhow. You'd still have been covered if driving to a test centre.

    Original Poster

    leyloleylo

    Did your car pass the MOT you subsequently had done a few days after the … Did your car pass the MOT you subsequently had done a few days after the accident? Have a read this of this article as no MOT might not always invalidate your insurance.....http://www.drivingtesttips.biz/no-mot-invalid-insurance.html


    Hi yes it passed with no advisories or anything

    Original Poster

    themorgatron

    Your insurer is trying it on, in the hope you will just agree and roll … Your insurer is trying it on, in the hope you will just agree and roll over.The lack of MOT had no bearing on your accident, something the financial ombudsman will agree with.


    Hi they have not invalidated insurance but are saying if there is a pay out they will be wanting to recover any costs they pay to the third party from me

    Original Poster

    The t&c's state; we will not pay for any of the following: loss or damage if at the time of an incident, regardless of type, be that accident, fire, or theft, your car is used in an unsafe or roadworthy condition or where such regulations require does not have a current MOT certificate (you may be asked to provide details to show that your car was regularly maintained and kept in good condition)

    As mentioned, your best bet is to seek legal advice asap. Any claim plus pi is likely to run in to thousand of pounds (Approx. £1200-1500 per person claiming pi + repair costs + any car hire + solicitor fees).

    Original Poster

    thank you everyone do you think the financial ombudsman would be a offer some sort of a chance with help

    I guess your car is older than 3 years?

    As 24M451 has stated already - seek legal advice asap! this could cost you thousands! possibly points on your licence and fines (fine for no insurance and fine for no mot)

    You could speak to the FoS, arguing the fact that the MOT does not guarantee road worthiness and had no impact on this accident and maybe add some sort of story about how busy you have been/problems with family etc etc etc??.
    Edited by: "dai007uk" 21st Feb

    dai007uk

    I guess your car is older than 3 years? As 24M451 has stated already - … I guess your car is older than 3 years? As 24M451 has stated already - seek legal advice asap! this could cost you thousands! possibly points on your licence and fines (fine for no insurance and fine for no mot)


    He does have insurance, regardless of whether you have an MOT, The insurance by law has to provide 3rd party cover. The insurer though has the right to claim back any costs as he has breached the contract.

    markvirgo

    Sorry looks like you have no … Sorry looks like you have no chancehttps://www.policyexpert.co.uk/insurance-blog/motoring-cars/the-dangers-of-driving-without-an-mot/



    It is your responsibility to ensure your car has an MOT, is insured, and taxed. Your car did not have an MOT. Your insurance company noticed this when doing its checks after you informed them about the crash. Not having an MOT invalidates your insurance as per terms and conditions. You accepted these terms and conditions when you took out the policy.

    The harsh result of this is now evident. I hope the whiplash claims are found to be bogus as that could prove expensive. Did you take any pictures of the damage to both cars?(gives an indication of speed).

    I also suspect that your insurance company will want to cancel the policy as a result of what has happened. This might push up future premiums as one of the questions usually is " Have you ever had a policy cancelled or been refused insurance in the past 5 years?"

    I hope I am wrong about much of the above.

    Original Poster

    weedavemac

    It is your responsibility to ensure your car has an MOT, is insured, and … It is your responsibility to ensure your car has an MOT, is insured, and taxed. Your car did not have an MOT. Your insurance company noticed this when doing its checks after you informed them about the crash. Not having an MOT invalidates your insurance as per terms and conditions. You accepted these terms and conditions when you took out the policy. The harsh result of this is now evident. I hope the whiplash claims are found to be bogus as that could prove expensive. Did you take any pictures of the damage to both cars?(gives an indication of speed). I also suspect that your insurance company will want to cancel the policy as a result of what has happened. This might push up future premiums as one of the questions usually is " Have you ever had a policy cancelled or been refused insurance in the past 5 years?"I hope I am wrong about much of the above.



    Hi yes pictures taken and speed is 3/4mph and no the policy is not being cancelled

    Who is the insurance with?

    bmwm2011

    Hi yes pictures taken and speed is 3/4mph and no the policy is not being … Hi yes pictures taken and speed is 3/4mph and no the policy is not being cancelled



    Good on both counts. Hope this works out for you...

    Original Poster

    weedavemac

    Good on both counts. Hope this works out for you...


    Thank you

    I very much doubt that you are right about the very low speed involved. bumper standards state that a bumper must be able to absorb a 5 mph impact between two vehicles without damage. it's easy to think it's a lower speed than it actually is.

    also at that speed whiplash is very unlikely.

    as for insurance. you are insured but the company is perfectly entitled to recover some costs off you as you had no MOT. however, the insurance ombudsman is likely to be less severe than the insurance company is trying to suggest. you will need to refer the issue to them.

    Hahaha shame! It's an offense to drive with no mot anyway. If your car is a total loss. Chances are they'll deduct 10% for expired mot

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