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    mot ran out , car hit @night , driver did not stop !

    help please ! brothers car parked up ,road side , some scrote crashed into it (most likley p***** ) ? will be right off , but car was also shunted into neighbours car , nightmare ! ,taxed & insured , however mot ran out 10 days ago !!! will insurance still stand ??? wiill they pay out ??? brother worried sick ! any help advice much appreciated !! insurance have had car picked up to day for assessment , but insurance rang brother to say , will not cover , and he needs to find culprit who caused damage !!! , brother in bed asleep , no idea who caused it !! help

    60 Comments

    wow shocking punctuation

    It should have a valid MOT to be parked on the road, Insurance will most definitely be invalid in either case as most insurance companies require the vehicle to be in road worthy condition with valid, MOT and Tax.


    Edited by: "shauneco" 10th Feb 2011

    Original Poster

    shauneco

    It should have a valid MOT to be parked on the road, Insurance will most … It should have a valid MOT to be parked on the road, Insurance will most definitely be invalid in either case as most insurance companies require the vehicle to be in road worthy condition with valid, MOT and Tax.


    was off this week going to get mot done then ! however woke monday morning to disaster ! now worried sick !

    Original Poster

    whatsThePoint

    insurance usually pays out but possible at a reduced rate to allow for … insurance usually pays out but possible at a reduced rate to allow for lesser value due to no mot


    do you know this for a fact ?? anything would be better than sinario he is facing , if insurance becomes invalid ! what a mess .

    shauneco

    It should have a valid MOT to be parked on the road, Insurance will most … It should have a valid MOT to be parked on the road, Insurance will most definitely be invalid in either case as most insurance companies require the vehicle to be in road worthy condition with valid, MOT and Tax.



    I think most policies require "roadworthy", not "road legal". Not having (or having) a MOT is not proof either way of whether a car is roadworthy.

    Who is your policy with?

    shauneco

    , Insurance will most definitely be invalid in either case as most … , Insurance will most definitely be invalid in either case as most insurance companies



    Contradiction alert!

    whatsThePoint

    insurance usually pays out but possible at a reduced rate to allow for … insurance usually pays out but possible at a reduced rate to allow for lesser value due to no mot



    Dream on.

    aw08

    do you know this for a fact ?? anything would be better than sinario he … do you know this for a fact ?? anything would be better than sinario he is facing , if insurance becomes invalid ! what a mess .



    Do you know this for a fact? Anything would be better than this current scenario he is facing, if the insurance becomes invalid! what a mess.

    (most likley p***** )


    most likley who??

    This is why people can get a MOT done within a month before it expires, and the pass gets added to the end of the cutteny MOT (Up to 13 months).

    MOT's are not supposed to be arranged after they have ran out.

    You are breaking the law having on a UK public road without a MOT, and can't see it being insured as it is not road worthy or legal??

    why are you asking whether he will be covered but then state the insurance co have already stated they will not cover the car?

    Edited by: "greg_68" 10th Feb 2011

    Didn't you have an appointment booked at an MOT centre for the day after it was hit?

    You did?

    Great!

    Just get them to confirm that in writing.

    Sorry for the grammar and contradiction, I meant most probably invalid, I know this doesn't mean it's definitely invalid but probably, He'd have to read through the small print.

    It's a tricky one tbh, Some insurance companies may pay out at a reduced cost but 8 out of 10 will void the insurance.

    If he has a valid reason for not having an MOT he may be able to argue it with his insurance.

    shauneco

    Sorry for the grammar and contradiction, I meant most probably invalid, I … Sorry for the grammar and contradiction, I meant most probably invalid, I know this doesn't mean it's definitely invalid but probably, He'd have to read through the small print.It's a tricky one tbh, Some insurance companies may pay out at a reduced cost but 8 out of 10 will void the insurance.If he has a valid reason for not having an MOT he may be able to argue it with his insurance.


    Based on what? Lack of tax and/or MOT is not able to invalidate insurance without a consequential problem with roadworthiness of the vehicle. It is a civil contract to protect you and third parties from losses. It is a myth to suggest otherwise, as plenty of FSA cases demonstrate.

    From the above, perhaps the driver had TP only.

    Banned

    Chiptivo

    You are breaking the law having on a UK public road without a MOT, and … You are breaking the law having on a UK public road without a MOT, and can't see it being insured as it is not road worthy or legal??



    You are getting mixed up with vehicle excise tax lol MOT is only needed if the vehicle is driven.

    Insurance states on mine at least that the vehicle must be road worthy, MOT only shows the vehicle is road legal on the day it was inspected. They must have found something (bit hard if the car is a write off) that would cause the vehicle to be illegal. Bald tyres would be a get out clause for the insurance company.

    Original Poster

    pghstochaj

    I think most policies require "roadworthy", not "road legal". Not having … I think most policies require "roadworthy", not "road legal". Not having (or having) a MOT is not proof either way of whether a car is roadworthy.Who is your policy with?



    churhill , who are getting a bit heavy with him today , telling him to go the job the police should have done , and find who did it ! happend between midnight and 4am , near to a pub , most likley a drunk driving home , smashed into car them drove off ,

    told brother churchill told brother will not pay out for neighbours car , unsure about his !

    thanks

    Original Poster

    greg_68

    why are you asking will he be covered and the state the insurance co have … why are you asking will he be covered and the state the insurance co have already stated they will not cover the car?



    DID'ENT !!!

    Insurance companies are the biggest thieving mugs on earth so if I were you I would try and find out if you could get a letter of some sort showing you had booked an MOT and give a good excuse to why you had missed it, I wouldnt tell my Insurance company just yet that the fact you dont have MOT but dont leave it too late it would become too suspicious, insurance companies want any excuse not to pay out the amount you should be owed!

    Reading certain posts in this thread is giving me a headache!!

    Original Poster

    sarbjeet_

    Insurance companies are the biggest thieving mugs on earth so if I were … Insurance companies are the biggest thieving mugs on earth so if I were you I would try and find out if you could get a letter of some sort showing you had booked an MOT and give a good excuse to why you had missed it, I wouldnt tell my Insurance company just yet that the fact you dont have MOT but dont leave it too late it would become too suspicious, insurance companies want any excuse not to pay out the amount you should be owed!



    thanks ! will send him comments , and will advice contact garage !

    similar thing happed to a friend about 10 years ago,i was certain insurance would be invalid as his mot ran out a week earlier.


    but insurance DID pay out so you never know

    sarbjeet_

    Insurance companies are the biggest thieving mugs on earth so if I were … Insurance companies are the biggest thieving mugs on earth so if I were you I would try and find out if you could get a letter of some sort showing you had booked an MOT and give a good excuse to why you had missed it, I wouldnt tell my Insurance company just yet that the fact you dont have MOT but dont leave it too late it would become too suspicious, insurance companies want any excuse not to pay out the amount you should be owed!



    Gosh! That's what I said!

    Banned

    aw08

    DID'ENT !!!



    are you dyslexic? no offence but it might help quell the trolling posts

    Banned

    whatsThePoint

    Section 13 is the bit you want to … Section 13 is the bit you want to readhttp://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html#13



    nice post

    greg_68

    why are you asking will he be covered and the state the insurance co … why are you asking will he be covered and the state the insurance co have already stated they will not cover the car?

    but insurance rang brother to say , will not cover



    According to your OP they did.....



    So he already has his answer and he is up a certain creek without a paddle by the looks of it.
    Edited by: "Syzable" 10th Feb 2011

    "make sure your car is roadworthy" Now that's what my insurance policy states, You could argue that it was roadworthy, Like others have said, MOT doesn't prove it's roadworthy, Essentially not having an MOT doesn't prove it's not roadworthy either.

    I'd guess they've probably found a bald tyre or something, Very difficult to argue, They may pay out but they may not.

    The incident needs to be reported to police.

    I think the best your brother could hope for is a reduced rate pay out.

    How much was the car worth? £500? lol

    the only way having no mot would invalidate youre insurance is if your car had failed an mot showing that it wasnt road worthy,provided youre car is found to be roadworthy then you are covered although the payout will be reduced as a car with no mot certificate is valued less than one with an mot,

    Just a thought but you seem to be saying your brother has to be sortimg out the damage to the car his car was pushed into . . Surely he cant be responsible if he wasnt even in the car ?

    tonyg1962

    the only way having no mot would invalidate youre insurance is if your … the only way having no mot would invalidate youre insurance is if your car had failed an mot showing that it wasnt road worthy,provided youre car is found to be roadworthy then you are covered although the payout will be reduced as a car with no mot certificate is valued less than one with an mot,



    It most probably wasn't roadworthy after being smashed up..!!! Suppose that could invalidate most claims..!!!

    Of coarse some MOT failures you could claim were caused by the accident

    patchy987

    Just a thought but you seem to be saying your brother has to be sortimg … Just a thought but you seem to be saying your brother has to be sortimg out the damage to the car his car was pushed into . . Surely he cant be responsible if he wasnt even in the car ?



    Yes as it was his car that caused the damage to the neighbours and there is no other party they can pin the liability on............just as it would be if your handbrake snapped in the night and rolled down the street into a car/s
    Edited by: "Syzable" 11th Feb 2011

    In my policy

    You must maintain your car in roadworthy condition and ensure you have a … You must maintain your car in roadworthy condition and ensure you have a valid MOT certificate where appropriate



    Whether this means the insurance is invalid or not now depends on the insurers discretion, more than likely the will pay out, as it was not the lack of MOT that caused the accident, if it had have been then things may have been different .

    WhatsThePoint is actually correct. The insurers will pay out for the value of the vehicle when it was involved in the accident. The value of the car IS lower without an MOT, so therefore the payout will be whatever the car is worth without an MOT.

    With regards to whether a parked car needs an MOT or not:

    Parked car requires MOT and insurance certificate.Pumbien v Vines(1995) … Parked car requires MOT and insurance certificate.Pumbien v Vines(1995) The Times June 14 Queen's Bench Divisional Court

    aw08

    told brother churchill told brother will not pay out for neighbours car … told brother churchill told brother will not pay out for neighbours car , unsure about his !



    Even if an insurance policy is cancelled, the insurers have a legal obligation to pay out to any third party involved, which they can then later claim back from the uninsured.

    Banned

    golemsmate

    Do you know this for a fact? Anything would be better than this current … Do you know this for a fact? Anything would be better than this current scenario he is facing, if the insurance becomes invalid! what a mess.



    at least get it right if you are gonna correct someone otherwise you look like a right tit!!!

    Banned

    whatsThePoint

    insurance usually pays out but possible at a reduced rate to allow for … insurance usually pays out but possible at a reduced rate to allow for lesser value due to no mot



    got a link or anything for that?

    I think even the p***** have better spelling and punctuation than you. (!!!!!!)
    Edited by: "Grimer" 11th Feb 2011

    Banned

    aw08

    DID'ENT !!!


    YOU DID!

    anyway, MSE quote:-

    read your policy booklet and look under General exceptions/exclusions it's usually found near the back of the book.

    If it says "We require you to keep your car in a roadworthy condition" Then that means they have no exclusion policy on missing MOTs

    If it says, "We require you to keep your car in a roadworthy condition and except where regulations allow a valid MOT certificate maintained" That means they have tried to include an MOT requirement into the policy.


    Nowthis is IMPORTANT, in EITHER case the insurance company may try to absolve themselves of any cover to your car, citing a lack of MOT. If your policy does not mention MOT, just tell them that you are not in breach of the policy as it is laid out in the booklet. If your policy does mention the MOT, then you can still argue that the clause is unfair, the lack of MOT is irrellevant to the condition of the vehicle, and therefore did not contribute to the accident. If you don't like their decision you can refer the case to the Insurance Ombudsman.

    aw08

    churhill , who are getting a bit heavy with him today , telling him to go … churhill , who are getting a bit heavy with him today , telling him to go the job the police should have done , and find who did it ! happend between midnight and 4am , near to a pub , most likley a drunk driving home , smashed into car them drove off , told brother churchill told brother will not pay out for neighbours car , unsure about his !thanks


    Why would your brothers insurance pay out for the damage to someone else's car when at present he is likely not to be liable? Neighbour would have to contact own insurance and they would argue it out. If someone hit my car pushing it into someone else when parked my insurance would surely only cover me. Surely a smash of cars would have woken someone up in the area who will have seen something especially one with a force moving a parked up car into another one? Sounds suspicious imo and would not blame insurance company for fighting this all they can

    Banned

    Marty1981

    Why would your brothers insurance pay out for the damage to someone … Why would your brothers insurance pay out for the damage to someone else's car when at present he is likely not to be liable? Neighbour would have to contact own insurance and they would argue it out. If someone hit my car pushing it into someone else when parked my insurance would surely only cover me. Surely a smash of cars would have woken someone up in the area who will have seen something especially one with a force moving a parked up car into another one? Sounds suspicious imo and would not blame insurance company for fighting this all they can


    pretty sure it doesnt work like that. If I smashed into a car and that car went into another than the last car hit would claim off the 2nd cars insurers who would then claim for both cars off of my insurance. Therefore OPs brothers insurers will pay for damage to other cars.

    Banned

    Count yourself lucky, when Polish drivers crash around us they normally kill somebody
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