Mythbusting - MOT and insurance

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Mythbusting - MOT and insurance


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Old 25th August 2019, 08:09 AM
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Default Mythbusting - MOT and insurance

The recent thread about building licences wandered well off topic and into the area of car MOT's and insurance where some widely believed but completely false comments were posted, including a supposed quote from the road traffic act which I have to assume was deliberately doctored on the think money website linked to as it most certainly does not accurately reflect the facts.

For reference I've lifted this from the earlier thread.

Quote:
Originally Posted by Love Karma View Post
All I said was that by not having a current ITV or MOT whilst driving would render your insurance null and void/invalid, and that is all said. Nothing more. Which is FACT.

" Without a current MOT, your car insurance would become invalid. Not having a valid MOT certificate is illegal under Section 47 of the Road Traffic Act 1988 and you run the risk of facing a £1,000 fine and a charge of six to eight penalty points on your licence by driving without one.

Not only that but if you have an accident and don’t have an up-to-date MOT certificate, you’ll be liable to cover the costs. The average claim is likely to be much more than the cost of your missed test so it’s well worth making sure you’re up to date with your MOT. Especially as if you’re convicted of driving without a valid certificate, your insurance premiums could go up when it gets time to renew again."

https://www.thinkmoney.co.uk/news-ad...t-0-5903-0.htm
https://parkinsurance.co.uk/will-inv...ete-list-2018/
The true FACT of the matter is that having no current MOT does NOT invalidate your insurance nor does it carry points on a licence.

Rather than link to 3rd party or further removed sources I offer the official government web site where penalties for offences are tabulated. Yes the potential fine for not having an MOT is £1000 but that's pretty much a standard across the board maximum tariff for a range of relatively minor offences which in the real world nominally attract a fixed penalty of what I believe is now £100. There is NO loss of points.

Insurance companies can write what they like into their policies but they cannot usurp the law which says that to cancel a policy they must write to the insured at their last notified address giving notice of their intent including the precise date and time the cover will cease allowing a reasonable period for the customer to receive the notification and arrange alternative cover. Typically that will be 7 or 14 days.

Companies are specifically barred from unilaterally withdrawing cover without due notice and particularly retrospectively following an accident or claim and that's even if the cover has been taken out fraudulently or with false information.

All this means that once a policy has been issued then unless or until cancelled in accordance with due process the company remain liable for all 3rd party claims and their recourse is to take their customer to court to recover their losses.

As a footnote it's also widely believed, and not helped by insurance companies inserting clauses which are contrary to law and unenforceable, that if travelling abroad then after the number of days of foreign driving 'granted' by the company somehow the cover becomes null and void. This is totally wrong as EU law provides that all motor policies written it the EU MUST remain in force for the minimum 3rd party insurance required in the country in which the car is being driven for their entire duration.

That means that after however many days it happens to be if you have made no other arrangements for your cover to be extended to the same level you enjoy in UK then it falls to the afore said minimum. At no point in the term of a policy are you uninsured

This is all contained in the EU Directive on motor insurance and is quite properly designed to ensure that as far as practicably possible no driver is placed in the position of unwittingly driving without the minimum required insurance cover and therefore it's perfectly reasonable to assume that the same attaches to ITV's and insurance in Spain.

Finally on the matter of an insurance claim being denied simply due a missing MOT it's not that simple, for an insurer to do that they would have to prove that not only was the vehicle in an unroadworthy condition but also that untrustworthiness caused or significantly contributed to whatever occurred.
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Last edited by MataMata; 25th August 2019 at 08:17 AM.
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Old 25th August 2019, 09:37 AM
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Well said Mata.


For those who want to disagree re the insurance coverage throughout the EU:-

https://www.google.co.uk/amp/s/europ...ndexamp_en.htm

Just. one thing though. Unless the law has changed, in spain if one is over the alcohol limit they are automatically not insured. In spain that means in the event of a blameworthy accident the innocent party would claim on the government Consortium cover and the guilty party, if they had full comp. cover, would not be paid out
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Last edited by Juan C; 25th August 2019 at 09:42 AM.
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Old 25th August 2019, 10:48 AM
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Doesn't your contract require the car to be roadworthy?

Is a car without a valid inspection considered roadworthy?

If the car isn't roadworthy it's not the insurance company that is withdrawing the insurance it's your failure to comply with the terms of the contract.

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Old 25th August 2019, 11:17 AM
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As set out by the OP, whilst an ITV is a legal requirement, not having one does not invalidate one’s insurance cover

Having an ITV only means that the vehicle was roadworthy ‘at the moment the test was performed.’ Not having one does mean the vehicle is not roadworthy.

Easy example: you take a vehicle to be tested, on which the ITV has expired. It then passes the test. It was roadworthy before the Certificate was issued.

It is the responsibly of the driver to ensure that the vehicle is roadworthy when it is being used.

Driving a non roadworthy vehicle invalidates one’s insurance. That is agreed in the policy. If in doubt read your policy.


Last edited by Juan C; 25th August 2019 at 11:20 AM.
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Old 25th August 2019, 11:36 AM
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Quote:
Originally Posted by Juan C View Post
As set out by the OP, whilst an ITV is a legal requirement, not having one does not invalidate one’s insurance cover
.
That misses the point.

Can you drive a car without a valid MOT? If not the insurance isn't valid. Not because the insurance company has canceled it but because you aren't allowed to drive it on the road.

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Old 25th August 2019, 11:44 AM
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Nick please read what I said and be aware the traffic offence of no ITV is not related to the validity of the insurance. If it were then everyone who was fined for not having an ITV would automatically be fined for driving without insurance.

Sorry but I don’t think anyone can make that clearer, I can’t !

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Old 25th August 2019, 12:15 PM
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bottom line is regardless of how clever you think you are if you get stopped by Traffico/Guardia etc without a current ITV (if you have proof that you are on your way to the ITV station and have a valid appt thats different) all the "I know the law" attitude will get you nowhere and you'll get what penalty is due and possibly a bit of a slap.....has been known.

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Old 25th August 2019, 12:24 PM
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Rag

In UK one can drive any distance, but by the shortest route, to an MOT appointment

In Spain that is not so, as far as this official page says:-

https://www.google.com/search?q=goog...vslate&ie=&oe=

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Old 25th August 2019, 01:13 PM
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Quote:
Originally Posted by Juan C View Post
Rag

In UK one can drive any distance, but by the shortest route, to an MOT appointment

In Spain that is not so, as far as this official page says:-

https://www.google.com/search?q=goog...vslate&ie=&oe=
Your link makes no sense,it certainly isn't an "Official Page" but either way if you are driving in Spain without an ITV expect to suffer the consequences regardless. Any amount of "I know the law", will get you nowhere it will just irritate them and you will probably bear the brunch one way or the other.

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Old 25th August 2019, 01:32 PM
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Quote:
Originally Posted by RagnBowman View Post
bottom line is regardless of how clever you think you are if you get stopped by Traffico/Guardia etc without a current ITV (if you have proof that you are on your way to the ITV station and have a valid appt thats different) all the "I know the law" attitude will get you nowhere and you'll get what penalty is due and possibly a bit of a slap.....has been known.
You cannot drive a car without an ITV anywhere, not even to an appointment.

Any clause in a Spanish policy saying that cover is invalidated by x or y can only apply to your own losses, as I pointed out the EU directive unequivocally barrs invalidating cover for 3rd party risks which at the end of the day is what actualy matters.

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