Glad all involved are ok.

Don't even contemplate these dodgy suggestions of breaking the law, as it is not just a bent MOT, you COULD be seen as attempting to commit Fraud.

As for the Insurance company having to prove the car is not roadworthy, it will probably be the other way around as the MOT certificate is a large part of your evidence that you kept the car in a roadworthy condition and in this case is not present. Best bet is simply to eat humble pie, admit your oversight (which at three weeks out seems plausible) and ask that they take a look at the car or offer to pay for an inspection to assess pre-accident condition. Then politely argue your case with them.

And of course, don't forget about the number of different people/proffessions that read these posts.

 

Not sure I agree

If the insurance company declines the claim on the basis of unroadworthiness (forget MOT, say they see a bald tyre) then THEY will have to do the proving

the starting point is NOT that vehicles are unroadworthy

having an MOT is SOME use in proving roadworthiness

but I can assure you that an insurance company will decline the claim IN SPITE of an MOT if they find other conclusive evidence of unroadworthiness

and critically, if roadworthiness was a factor in the circumstances leading to the claim

DOLLAQ - who is the insurer?

 

I'm with Elephant - the policy says this:

"Make sure your car is roadworthy.

If an accident happens and the condition of the vehicle caused or contributed to the accident, cover will be restricted to our liability under the road traffic act....."

No mention of MOT anywhere.

 

2 bad accidents within a week of each other. Sends a chill down my spine.

Sorry for you.

Definitely get your insurance documents out and see what the small print says. Don't give up. Good luck.

 

My friend had a car stolen/wrecked, the MOT had run out, he was able to prove with service bills / receipts for new tyres etc. that the car had been looked after and was roadworthy. The insurance company paid out after lots of hassle. He did not get quite what it was worth but he got most of it.

 

with Gad.

Unless your policy states that you need a valid MOT I dont think they can refuse to pay out.

(My car would fail an MOT, but this doesn't mean that it isn't roadworthy (and my insurance policy has my de-cat listed on the policy))

Do you have legal cover on your policy? If you do speak to them. If not ... you should have.

 

At least you walked away and didn't hit anyone else

But ooh definitely a double kick in the nads First smashing it then finding your mot had run out

worth having a word with the legal begals either on your car or house insurance

 

get their decision to decline in writing

ask if you can appeal

when they say it's final

you have an absolute right to go to the ombudsman

record EVERYTHING in writing

 

Absolutely. Pete beat me to it.

Post the form of wording in your policy - let's have a look whether your insurer is trying it on. If you don't have any joy with legal expenses insurance under your house insurance, drop me a PM and I'll see whether I can be of some limited assistance on a freebie basis.

 

JAYZUS KRISTE.


Bite his hand off. Those words will never leave his lips again.

I have it quoted. Its in writing. He cannot edit now.



(Bummer about the car though).