Car Stolen

Author
Discussion

tezza82

Original Poster:

15 posts

35 months

Wednesday 15th December 2021
quotequote all
Hi guys..

Looking for some info.

My car was stolen on Monday night while my missis was working a night shift.

Going through all the insurance claim details but they have come back and said my mot had ran out on the 14th October which I was unaware of.

They have stated that they will not be indemnifying my claim. They've also said if my car doesn't have a mot within 10 days then they will cancel the policy. Doesn't make sense 

Where do stand with this. ? 

Nightmare!!!  No car and 11k of finance still left to pay on the car.. cars a 67 plate qashqai.

Cheers 👍

Easternlight

3,506 posts

151 months

Wednesday 15th December 2021
quotequote all
I think you'll find it needs to be road legal for the insurance to be valid.
https://www.comparethemarket.com/car-insurance/con...


Mr E

22,122 posts

266 months

Wednesday 15th December 2021
quotequote all
I think it highly unlikely a lack of MOT would be a valid reason to refuse a claim

It might be a reason to offer a (slightly) lower payout.

CoreyDog

765 posts

97 months

Wednesday 15th December 2021
quotequote all
Depends on what your policy says. If it says the car has to have an MOT for the insurance to be valid, you're abit stuck.

If it says it just has to be roadworthy, that's different. A car not having an MOT doesn't automatically make it unroadworthy.

Check your documents with a fine tooth comb, answer will lay within.

hyphen

26,262 posts

97 months

Thursday 16th December 2021
quotequote all
CoreyDog said:
Depends on what your policy says. If it says the car has to have an MOT for the insurance to be valid...
Definately worth fighting. If it was an accident then perhaps the insurer could argue lack of evidence of road worthiness, but for theft has no relevance.

CoreyDog

765 posts

97 months

Thursday 16th December 2021
quotequote all
hyphen said:
Definately worth fighting. If it was an accident then perhaps the insurer could argue lack of evidence of road worthiness, but for theft has no relevance.
Oh I agree, I'd be fighting them all the way no matter what.

Problem is though, if documents do say that car must be MOT'd, that's will be their default fall back. "Well sir/madam, the documents that you signed and agreed to say the car must have an MOT to validate the insurance, tough!"

If it says roadworthy though, no way would I accept that an expired MOT means the car is unroadworthy, maybe not road legal but definitely not unroadworthy.

I do wonder if this has tripped anyone else up though as you can drive to a pre-booked MOT test with an expired MOT or no MOT completely legally. Having an accident on the way could get messy if insurers say must be MOT'd.

joropug

2,698 posts

196 months

Thursday 16th December 2021
quotequote all
I do think there is a very big difference between a car not having an MOT, parked on your driveway, not in use....and a car being driven on the road, in an accident without an MOT.

You need to talk to someone sensible at the insurance company that understands it's not a factor in the theft.

Fusss

285 posts

87 months

Thursday 16th December 2021
quotequote all
Book an MOT for a few days time and say you had a pre booked one which you are allowed to drive to if the MOT has expired.

georgeyboy12345

3,641 posts

42 months

Thursday 16th December 2021
quotequote all
Fusss said:
Book an MOT for a few days time and say you had a pre booked one which you are allowed to drive to if the MOT has expired.
Don’t do this.

hyphen

26,262 posts

97 months

Thursday 16th December 2021
quotequote all
joropug said:
...You need to talk to someone sensible at the insurance company that understands it's not a factor in the theft.
Oh, they are all sensible and fully understand it's not a factor. They just want to keep the money and not pay the OP smile

They will go to sleep justifying it as "it's only business" as otherwise they may stay awake knowing they are scumbags.

normalbloke

7,703 posts

226 months

Thursday 16th December 2021
quotequote all
Fusss said:
Book an MOT for a few days time and say you had a pre booked one which you are allowed to drive to if the MOT has expired.
Today’s advice for the hard of thinking, from the hard of thinking…

bigandclever

13,943 posts

245 months

Thursday 16th December 2021
quotequote all
CoreyDog said:
Depends on what your policy says...Check your documents with a fine tooth comb, answer will lay within.
Is the correct answer smile

georgeyboy12345

3,641 posts

42 months

Thursday 16th December 2021
quotequote all
joropug said:
I do think there is a very big difference between a car not having an MOT, parked on your driveway, not in use....and a car being driven on the road, in an accident without an MOT.

You need to talk to someone sensible at the insurance company that understands it's not a factor in the theft.
I understand though that there have been situations where a car fails MOT on something very expensive, so rather than pay for repair, the owner will “arrange” to have it stolen & get a working replacement . If the insurance company says they won’t pay if the car has no MOT, then this situation is prevented from happening.

samoht

6,273 posts

153 months

Thursday 16th December 2021
quotequote all
CoreyDog said:
I do wonder if this has tripped anyone else up though as you can drive to a pre-booked MOT test with an expired MOT or no MOT completely legally. Having an accident on the way could get messy if insurers say must be MOT'd.
FWIW I explicitly queried this point with my insurers. They confirmed that I was covered as long as the vehicle was being operated legally, i.e. was covered to drive to the garage where the MOT would be performed, but not if I were driving around for other reasons without one.


If the OP's car was stolen from private land (driveway, office car park) then I imagine he'd be ok, since it's legal to keep a non-MOT'd vehicle on private land. However it was parked on a public street then it's a little less clear cut.

My gut feeling would be that the MOT requirement wouldn't apply to a theft payout, seems strange to me, but hard to tell. I guess the question is whether it's reasonable for an insurer to invalidate the entire insurance contract due to your failure to uphold this one clause. I can't see that it is, since it doesn't affect the theft risk, but it may end up with the ombudsman to establish that.

Dynion Araf Uchaf

4,675 posts

230 months

Thursday 16th December 2021
quotequote all
Surely at the point of taking out the policy the car had an MOT.
So I am struggling to see why you are not insured at this point now.

If you had been involved in an accident maybe, but I can’t see that not having an MOT in a car that was parked off the highway is any more of an issue than obtaining a ban on your driving licence and having the car stolen.

Also what if your car fails it’s mot? And you leave it overnight at the garage and it gets stolen. Are you not insured then?

Insurance ombudsman is probably where you need to go to.


Driver101

14,376 posts

128 months

Thursday 16th December 2021
quotequote all
There has been a few examples where people have been paid out for a total loss without an MOT. They haven't been paid full market value for the car. The deduction was around 10-15%.

shtu

3,702 posts

153 months

Thursday 16th December 2021
quotequote all
tezza82 said:
Hi guys..

Looking for some info.

My car was stolen on Monday night while my missis was working a night shift.

Going through all the insurance claim details but they have come back and said my mot had ran out on the 14th October which I was unaware of.

They have stated that they will not be indemnifying my claim. They've also said if my car doesn't have a mot within 10 days then they will cancel the policy. Doesn't make sense 

Where do stand with this. ? 

Nightmare!!!  No car and 11k of finance still left to pay on the car.. cars a 67 plate qashqai.

Cheers ??
Well, it's likely to be a fight with the insurer and eventually the ombudsman.

I would suspect that you will eventually get a reduced payout on grounds that the MOT was not a factor in the theft, but expect to lose a chunk of money.

Bit late now, but https://www.gov.uk/mot-reminder

Sheepshanks

34,968 posts

126 months

Thursday 16th December 2021
quotequote all
tezza82 said:
Going through all the insurance claim details but they have come back and said my mot had ran out on the 14th October which I was unaware of.

They have stated that they will not be indemnifying my claim. They've also said if my car doesn't have a mot within 10 days then they will cancel the policy. Doesn't make sense 

Where do stand with this. ? 
This is to do with an accident, but should be even less of an issue in your case: https://www.financial-ombudsman.org.uk/files/12101...

MightyBadger

2,806 posts

57 months

Thursday 16th December 2021
quotequote all
tezza82 said:
Hi guys..
my mot had ran out on the 14th October which I was unaware of.

They have stated that they will not be indemnifying my claim. They've also said if my car doesn't have a mot within 10 days then they will cancel the policy. Doesn't make sense 

Makes perfect sense.

Gweeds

7,954 posts

59 months

Thursday 16th December 2021
quotequote all
How are you supposed to MOT a car that’s been stolen?