Car Insurance/MOT thoughts

[alisonjones]

Originally Posted by Colette-S

Which insurance company have repudiated? Her own or the third party?

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Hi it’s the other girls insurance that have picked up on it... said that the hire care company picked it up

[400ixl]

They can't invalidate your insurance as it's not their policy and it does not get them out of their liabilities either.

Why would the hire car company have any need to umderstand the MOT status of a car they are not providing. You could challenge why they have even shared your vehicle data with them as it is.not reasonable use.

[ROBBOTOO]

I’d assume the other party’s insurer would just reject the claim once it came out the other car had no MOT. Although to be fair their insured was at fault.

If it’s just a damaged bumper replacement and a week’s car hire and no injuries and not involving any court costs, it surely shouldn’t be anywhere near £9,000.

This won’t help in this case sadly, but you can get a free reminder for an MOT.

gov.uk/mot-reminder

[Colette-S]

Originally Posted by alisonjones

Hi it’s the other girls insurance that have picked up on it... said that the hire care company picked it up

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How did the hire company know?! Anyway, they can’t invalidate her policy although her own insurers may do so now. They still have to compensate her for the damage to her car
Legal advice would be costly as it would be a small claims matter so costs unrecoverable unless she has legal protection cover on her own policy

[Colette-S]

Thinking it over, they may have a case with the hire charges. When submitting a claim, the responsible insurers have an obligation to put you in the same position as you were before the claim. So they should reinstate the vehicle to it’s pretty-accident condition but they could argue that she was driving illegally and shouldn’t have been on the road so therefore wasn’t entitled to an alternative vehicle.
Regarding the costs, tell her to ask the bodyshop for a copy of the repair invoice detailing parts and labour. Then she can assess how long the repair should have taken

[Dinglebert]

Originally Posted by Colette-S

How did the hire company know?! Anyway, they can’t invalidate her policy although her own insurers may do so now. They still have to compensate her for the damage to her car
Legal advice would be costly as it would be a small claims matter so costs unrecoverable unless she has legal protection cover on her own policy

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Problem may be of course is that if the insurance company invalidate the policy then the legal cover will also go.

[tigger48]

Does she have legal expenses cover on her household insurance?
Lack of MOT does not absolve the 3rd party of fault and responsibility for the repair since Ps car was parked at the time of the collision.
Has P subsequently MOT’d the vehicle?

[Colette-S]

Originally Posted by Dinglebert

Problem may be of course is that if the insurance company invalidate the policy then the legal cover will also go.

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Depends on the wording I suppose. She could do with someone handling or for her as she needs to present her case properly

[alisonjones]

Thank you for all your advice - it has been most helpful - I have passed them on to P and she is very grateful.

[teamsingo134]

If P's car wasn't insured, taxed had half the doors falling off is of no relevance to the 3rd party insurer who is responsible for settlement.

Thier driver damaged P's car, so they are responsible. End of story.

If she were claiming in her own policy then the insurer could repudiate the claim if there is a cause in the wording that they restrict cover if no MOT in force. A third party insurer can't do this.