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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23111
Experience:  Senior Partner at Berkson Wallace
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I am unsure where i stand legally. My 5 year old car was

Customer Question

Hello Yes i am unsure where i stand legally. My 5 year old car was stolen off my drive. I sent all the correct documentation but unfortunately i had forgotten to have my last MOT done. insurance company are deducting %15 from their payout because of this even though i have full service history and confirmation from my local garage that i always keep my car in good repair ! Are they allowed to do this ?
JA: Where are you? It matters because laws vary by location.
Customer: I am in warwickshire
JA: What steps have you taken so far?
Customer: Sent all service history recent oil change recent tyresx2 tax
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have refused their very low offer and they have increased it by 200 but they say that they legally don't have to give me anything !
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 4 months ago.
please Do i have to type it out again ?
Expert:  Stuart J replied 4 months ago.

I disagree that they don’t have to give you anything unless it’s a term of the policy that the car has a MoT maintained on it and even then, if you were complain to the Financial Ombudsman I don’t believe the Ombudsman would allow them to get away with paying just because there was no MOT even if it was a condition unless it was obvious that the car was a heap of junk.

What is the value of the car?

What does this 15% equate to in monetary terms?

When did the test expire?

Have you been driving the vehicle in between?

Which insurance company is it?

Customer: replied 4 months ago.
According to Bristol street motors, which is where I purchased my car, the car is currently worth between £8,500 and £9,000. 15% equates to approximately £1,300. The last MOT expired in April 2019. I have been driving the car on a daily basis and was recently serviced with an oil change which is something I do every year (have receipts). It is insured with Lloyds Bank, which is my bank too.
Customer: replied 4 months ago.
I believe lloyds bank uses a company called Agea for their motor policies though
Customer: replied 4 months ago.
the underwriters are Ageas
Expert:  Stuart J replied 4 months ago.

Thank you. The reason I asked for the name of the insurance company is that some of the “fringe” insurance companies will do anything they can to wriggle out of paying.

Ageas are a well-known name and they do not have any such reputation as far as I am aware.

Although not particularly relevant to this, the insurance company could raise the issue that you have been in breach of your insurance terms by driving the car with no test certificate. You were of course driving it illegally.

The fact that it may have been in good mechanical condition is actually not relevant be costs it is supposed to be in good mechanical condition. If it wasn’t in good mechanical condition, it would actually be worth less.

What the insurance company are likely to say is that if you were selling this car as it is “excellent condition, full service history, no MOT expired April 2019”, it would be worth a chunk of money less and that is not an unreasonable stance except that the opposite argument is that you wouldn’t do that because you would immediately go and get it tested because you know it wouldn’t be a problem and it would fly through the test.

You have to remember however that you cannot negotiate if the insurance company don’t want to negotiate.

If this is their final offer and you don’t accept it (which I can understand) then I would tell them exactly that and that unless they offer you the extra £1300, you will refer the matter to the Financial Ombudsman Service.

That really is your only option if you don’t want to take them to court and they will negotiate any further. It’s not something that in all honesty it’s worth going to court over.

If you could please rate my service five stars (even if it’s not the answer you wanted) that would be really helpful. If you have any further questions you want to ask on this subject, I am happy to deal with those for you.

Customer: replied 4 months ago.
No thank you ... I can't afford to :(
Expert:  Stuart J replied 4 months ago.

I am not certain what you are saying but I think you are referring to the offer of a telephone call. It is an optional extra service that we provide. Please just ignore it if you don’t wish to speak on the phone.

Meanwhile, please make sure that you rate me five stars because without that I don’t get any payment. Thank you

Expert:  Stuart J replied 3 months ago.

Hello again. Can I assist you any further with this?

If not, if you could use the rating service, it helped me greatly because it gets me paid and it doesn’t cost you anything. Thank you