Lee

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Accident with no MOT

I recently had a little accident where I have collided with another vehicle. I was the one at fault but my car didn't have mot at the time. Does anyone know what the result will be if I am only 3rd party f&t covered?

Lee   (Level 1)  |   Advice  |   10 Jun 2010 05:19
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gices gices  (Level 2)  |   11 Jun 2010 06:10

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If you read your car insurance policy documents, you will find a section that says that your car needs to be roadworthy for your insurance to be valid. Without a valid MOT certificate, your car is not roadworthy and the insurance company have grounds to invalidate your insurance policy. This means that you can be prosecuted for driving without insurance and because your insurance policy will be considered void, damages to the other vehicle will not be covered as it would be regarded as if you were driving uninsured.

As you probably know, damages to your own car are not covered with third party, fire and theft car insurance (if your policy was valid that is) as it only covers third party losses. So overall, you could be fined for driving with no insurance and be liable for damages to the third party.

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Trabotski Trabotski  (Level 1)  |   01 Oct 2010 23:53

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The reply from gices is incorrect. I know this is a bit late for you now but hopefully it will help anyone else searching for this information. They cannot refuse to pay a claim simply because a car does not have an MOT, the Ombudsman is very clear on this matter. If the accident was caused or substantially caused by the car being "unroadworthy" then they can refuse your own damage claim providing they can cause it was unroadworthy and the damage was caused or substantially caused by it being unroadworthy. See section 13 of this link for evidence of this http://www.financial-ombudsman.org.uk Also see 15, 16 and 19 which you will find helpful.

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gices gices  (Level 2)  |   02 Oct 2010 10:58

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That's an interesting find Trabotski. Although my answer was based on the fact that in "all"cases which I've looked at, the insurance company would nullify the policy for not complying with the "roadworthiness" part of the car insurance policy, I suppose you could take it to the Financial Ombudsman if the insurer refuse to pay provided you believe you've got grounds to stand on.

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