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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25974
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My car insurance company are refusing to pay out written

Resolved Question:

my car insurance company are refusing to pay out for my written off car as it had no current mot certificate , the mot was only 3 days out and the vehicle was on its way to the garage for an mot when it was involved in a fire on a car park . the vehicle was booked in for the mot that day and i have confirmation from the garage it was booked in with.
where do i stand ? in the insurance term and conditions it states there must be a valid mot in force if one is needed by law . it is my argument that inorder to take the vehicle for its mot the only legal requirement is that it is insured and it can be legally driven without an mot . is this correct
regards
francis
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if the car was roadworthy despite the lack of MOT certificate please at the time of the accident? There is likely to be a report by either the police or claims assessor assessing the roadworthiness of the car?
Customer: replied 2 years ago.

the car was perfectly road worthy that i know of , it had only been serviced with the dealership a month prior too the incident and had no issues needed to be dealt with. the damage that it has sustained is only cosmetic so i would imagine it could still be mot'd now if needed to prove the point.

the insurance company are basically saying if no mot then they would only cover third party in order to get you to the garage

Expert:  Joshua replied 2 years ago.
Thank you. It is common for insurance policies to include a term providing that the policy will be invalidated if the car is not maintained with a valid MOT certificate but this does not meant that the term is enforceable.Providing the car was roadworthy despite the lack of MOT certificate and the lack of MOT certificate therefore amounts to a technicality rather than an actual factor that contributed to the accident because of faults in the car which may not have been present if it had been inspected, then a claim can still be possible.Initially a complaint can be raised with the insurer regarding their decision citing the fact that the car was roadworthy despite the lac of MOT certificate and the lack of certificate was not a factor in the accident occuring (assuming all this to be the case) and accordingly asking them to reconsider their decision. if you are not satisfied with the insurers response, you can refer your complaint to the financial ombudsman service free of charge.The financial ombudsman determines complaints on the overriding principle of "fairness". specifically in relation to insurance companies that decline payments based on the term of the insurance policy, the ombudsman will consider whether the reason for the decline was relevant in respect of the claim. If the lack of an MOT certificate played no part in nor was a factor in the cause of the accident, then the Ombudsman can find that the insurer is not entitled to decline to pay out on the policy owing to the technical lack of MOT certificate on its own. Rather the in order for the insurance company to be safe in declining to pay out, they would need to demonstrate that the accident was the direct consequence of not having a valid MOT by reference to for example an engineer's report demonstrating that the car did not satisfy MOT requirements and that the issues identified may have contributed towards the accident. Accordingly there would appear based on what you say to be grounds for a complaint initially to the insurer and then if not satisfied with the response, referral to the financial ombudsman which has the power to award compensation to you if it finds in your favour which will be determined by reference to the amount of your original claim. Any determination by the financial ombudsman is binding upon the insurer though it is not binding upon you. http://www.financial-ombudsman.org.uk/consumer/complaints.htm I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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