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Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - Jackhammer

Hi

Can anybody tell me if driving a vehicle with a known fault would invalidate my insurance?

And if an accident ensued as a result of the specific fault, would I be liable to criminal proscecution?

Thanks.

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - Engineer Andy

It would, I suppose, depend upon the type and severity of fault, and whether it was picked up by your servicing dealership as an 'advisory' or higher (they normally don't let you drive it away with something serious, including safety-related recalls by the manufacturer).

Edited by Engineer Andy on 03/06/2015 at 19:03

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - Jackhammer

Thanks for taking the time to respond.

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - TedCrilly

Can anybody tell me if driving a vehicle with a known fault would invalidate my insurance?

Rather than relying on heresay and the mixed views and opnions of complete strangers............have you considered actually giving your insurance company a call and asking them the question?

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - focussed

The part of your insurance contract known as third party is irrevocable -providing that you did not mislead the insurance company at the time of applying for it, and have paid the premium. This is part of EU law and applies equally in all countries of the EU to all vehicle insurance contracts.

The additional fire theft and damage to your own vehicle part of the policy may be subject to insurance company attempts to default on their responsibility.

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - dacouch

The correct answer to your question is that for your own PERSONAL Insurance, your Insurer CANNOT invaldate any part of your Insurance for you driving a car that's unroadworthy unless...

a) The policy wording clearly states that the car must be "Roadworthy"

assuming the above is in place then the following could apply.

b) If the "Unroadworthy" car was involved in a claim then PROVIDING the claim was "Most Likely caused" or "Was signiicantly caused" by the car being "Unroadworthy" then the Insurer can decline the claim.

However it's important to note the Insurer cannot decline the third parties claim, they're obliged to pay this but may seek to recover this outlay from their policyholder.

It's upto the Insurer to prove the car was "Unroadworthy" and that this "Most likely caused" or "Signiicantly caused" the accident.

Those are the relevant rules and apply irrespective of what the Insurer's policy say. It's also worth noting that Insurers requiring a car to have a current MOT is a completely groundless requirement that they cannot enfore (Save for possibly reducing a total loss payment)

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - Dwight Van Driver

See Section 148 Road Traffic Act 1988


148 Avoidance of certain exceptions to policies or securities.

(1)Where a certificate of insurance or certificate of security has been delivered under section 147 of this Act to the person by whom a policy has been effected or to whom a security has been given, so much of the policy or security as purports to restrict—

(a)the insurance of the persons insured by the policy, or

(b)the operation of the security,

(as the case may be) by reference to any of the matters mentioned in subsection (2) below shall, as respects such liabilities as are required to be covered by a policy under section 145 of this Act, be of no effect.

(2)Those matters are—



(b)the condition of the vehicle,

which to me means that third party cover will apply.

It will be up to the Insurers to claim back under civil claim if conditions breached in Policy.

dvd

Edited by Dwight Van Driver on 04/06/2015 at 08:17

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - scot22

Is it sensible to drive a car with a known fault ? You are then always at risk of the hassle of sorting it out at the roadside. Surely, if it needs doing, do it.

With a trustworthy garage a repair bill should be seen as saving a bigger problem in the future.

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - Bromptonaut

If you were to drive with a known fault in an area critical to car steering or stopping (steering/brakes/suspension) then insurer might cavil about own car repairs. More worryingly you might face criminal charges.

However, I suspect this is about the clutch you mention in other threads. Driving a car with a faulty clutch to be repaired is something most of uswould do without a second thought as to the inurance or dangerous vehicles legislation.

If the clutch gives up it either slips or won't disengage to allow you to change gear. Either, particularly, if you're aware and driving with appropriate care give you enough momentum to get to hard shoulder verge etc.

Even if it's failing to disengage enough to change gear while moving you can probably select a gear with engine stopped. Then dip clutch, start and there will be enough action to allow you to move forward slowly in 1st, 2nd or reverse gears.

When mine went the breakdown guy got it out of the bay where I'd dumped it and onto flatbed using exactly that technique.

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - slkfanboy

Worst case would being procecuted by the police after an acciendent.

Vauxhall Agila - DOES DRIVING WITH A KNOWN FAULT INVALIDATE INSURAN - scot22

I had the clutch go about a year ago. As described by Bromptonaut it did not cause a problem - it occurred on a straight stretch and easy to crawl to a safe stopping place. Then the hassle of roadside recovery etc.

However, what if had gone in lane 3 of a motorway ? or some positions on a roundabout.

In my opinion you should always keep your car in first class condition. If it needs doing why not do it ? It will have to be done sometime.