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Any - Question about insurance - argybargy

Heard a tale the other day concerning people with whom I’m not closely acquainted. Got me thinking.

Accident involving two vehicles on a blind bend. Unfortunately I don't know whose fault the accident was. Cutting a story short, one driver (lets call him A) is breathalysed at the scene and is found to be over the drink drive limit. He’s also driving unsupervised on a provisional licence. The other driver (B) has no MOT, and isn’t on the way to a testing station.

Upshot of all this: A gets a 12 month ban plus a fine, and his insurance company informs him that his actions/ omissions have invalidated his cover. So no claim for his own loss. I don't have any information about sanctions/ punishments that might have been imposed on B, but I believe that apart from a 1000 smacker fine, he might have had his insurance invalidated also.

A doesn’t contact the insurance company again for several months, not expecting there to be a claim from B, because he wasn’t on the road legally either. Then A's insurance company gets in touch and tells him they expect B's damages to be paid by him, a total of about 10 grand. So presumably B has made a claim, despite having no MOT.

A queries the right of B to make any such claim, given that B's insurance should also have been invalid, but the insurance company continues to pursue A for the money.

Does A have any leg to stand on, or avenues to go down?

Edited by argybargy on 08/06/2018 at 22:35

Any - Question about insurance - Falkirk Bairn

Driver #1 - Drunk Driver - Fined & Banned

Driver#2 - No MoT - Liable for a £100 fine for no MoT

Driver #1 is drunk driver - conditions of his insurance makes his insurer walk away from paying Driver#1 losses. Driver#1 has obviously been held liable for the accident.

Driver#2 - Technically a minor charge. He can claim on Driver#1 insurance to have his car repaired or pay out for a write-off. The driver#1 insurer has no liability to the drunk driver but cannot walk away from Driver#2 claim & have presumably paid out £10,000.

The insurer is able to come after driver#1 - if driver#1 has any assets - owns own home, money in bank etc they will attempt to recoup the £10,000.

Any - Question about insurance - argybargy

Thank you.

I've visited the websites of a couple of insurance companies and they suggest that driving without MOT in the circumstances outlined above is likely to invalidate insurance, leaving both drivers with no cover.

Sounds like perhaps driver B has been rather lucky.

Any - Question about insurance - oldroverboy.

Having no MOT does not invalidate 3rd party liability.

Having no insurance does not however prevent you from claiming from a faulty/at fault person

Any - Question about insurance - argybargy

Having no MOT does not invalidate 3rd party liability.

Having no insurance does not however prevent you from claiming from a faulty/at fault person

I must be behind the curve here. My belief was that if you're on the road illegally, that disqualifies you from having the right to claim accident losses from another driver, even if they're at fault.

Any - Question about insurance - focussed

Insurance companies cannot wriggle out of paying out on third party claims - unless they can prove that the policy was taken out using false details etc.

Third party only insurance is taken a stage further in France - if your car gets nicked by a drunk who never had a licence, or banned, or full of drugs or whatever, and causes damage, injuries or death, the insurance company pays up - by law - no excuses.

Even my ride-on lawnmower has to have third party insurance!

Any - Question about insurance - NARU

The law regards no MOT as an administrative issue - so a fine but no points.

But that isn't a 'get out of jail free' - the law also regards driving a car in an unroadworthy condition as a major issue - with fines and points.

Most insurance companies require the vehicle to be roadworthy. In law this is mostly defined as tyres, brakes, steering and bodywork in good order. And lights if the car is used at night.

Some insurance companies used to insist on an MOT, but the ombudsman kept overturning them.

Any - Question about insurance - argybargy

Since my first post I've come across a few discussions on other forums about this topic.

The consensus amongst those who show any sign of knowing what they're talking about seems to be that as you indicate, the ombudsman tends to take a dim view of insurance claims being refused due to lapsed MOT status.Whereas of course drink driving is unlikely to elicit sympathy from anyone but a fellow drunk.

So my question is answered, thank you.