Will Insurance Pay out if you have no MOT and undeclared Points on your License?

Question

I Crashed my car Into a third party and claimed against my insurance. later whilst looking through my documents I realised that my MOT had Lapsed and that I had not declare 6 Points 3 of which were on my license before I took out the policy. I am worried that One or both of these oversights will invalidate my Insurance and that I will be Liable for the costs of my car as well as the third party's as well as facing possible prosecution

Ok So, Thanks for the responses but you are all mostly wrong. I have it sorted with the insurance company now. They are paying out. What happens is if your MOT is out of date deduct the cost of an MOT. If you have undeclared points and you have not deliberately tried to cover it up eg it was an oversight. Unless it is for drink driving or no insurance. mine were for speeding I had 2 x sp30, 1 before I took out the policy and the other for after. The one for after they just added to the policy. the one for before the policy started they made me pay the difference between what I had paid and what I would have paid had I declared them. £47.25.
What I do find disturbing is that most of you were quick to insult and advise even though you were COMPLETELY WRONG. This is the first question I have logged with yahoo. I know now to take answers with a pinch of salt

Answer 1

You have a duty to report all relevant information to your insurers.

I suggest you discuss it with them, they could take the line that these are material facts and refuse to pay out, but there is a chance that you could persuade them that it was an accidental omission.

Answer 2

The fact that your MOT has run out does not invalidate your insurance policy - good news.

The fact that you have not declared motor convicitons makes the insurance voidable at the insurance companies option. (breach of utmost good faith). You will have to write to them to explain why the conviction(s) were not declared at inception.

What happens next depends on the insurance company with which you are on 'cover'. If you are lucky they will charge you the appropriate premium for the risk i.e if you had declared the conviction prior to inception (if you got your second conviction after the last renewal of your policy then that MAY not matter - read your policy to see whether you have an ongoing duty to declare material facts or whether the duty is just at the next renewal date).

If the insurance company decide not to indemnify you then they will void the policy from inception (giving a return premium - it is unlikely they will regard it as fraud). They will then deal with the third-party claim made against you - and then come after you for reimbursement. They won't deal with the material damage to your car.

Answer 3

Driving without licence prob 6 points and £200 fine No insurance 6 points and a bigger fine than last time. No MoT and failing to produce will probably get no further action if banned and fined for the firdt two offences. Attempting to pervert the course of justice. Not a clever thing to do, a custodial sentence will be very seriously considered.

Answer 4

Driving without a valid MOT certificate is a fine only its not endorsable. If you had the car mot'd straight away after you realised it had run out and it didnt fail on anything you could argue it was perfectly road legal at the time, it doesnt automaticvally follow that your insurance wouldnt cover you they cannot simply walk away from liability.
the disclosure part could be a problem its a specific offence under the road traffic act to fail to disclose anything which is a material fact when applying for insurance or to provide false information. you could be prosecuted for this, again it doesnt mean that your insurance is invalid but may give them ammunition to try to claim back any money from you they pay out!!
could you not try to negotiate with the third party without involving insurance?? especially if its not a huge amount of money??

Answer 5

No, probably not.
If you have undeclaired points on you licence your insurance company doesn't know about it invalidates your insurance policy. I'm not sure how the MOT will affect it though. However, you may be liable for some kind of prosecution (fine, more points on licence, not sure how serious it'll be) for driving a car without a valid MOT.

You know what they say, you learn from your mistakes. Hope it doesn't go too bad for you

Michelle

Answer 6

all you have to do about the mot bit is that if you no some one in that sort of trade is get them to say the car was being taken for a mot when you crashed it i no some one who had the same problem and did this and the insurance payed out but i dont no about the points though hope this helps you

Answer 7

You would probably get away with no MoT but they will ask for a copy of your driving licence and see the undeclared points and not pay out. Insurance companies nowadays try every trick so as not to have to pay the claim.

Answer 8

Forget about getting comprehensive for your damage.They will probably pay out the 3rd part claim initially but when they find out they will ask you to refund what they have paid out. You may well go on an insurance watch list and have your policy cancelled or seriously revised. Prosecution unlikely, but civil court action probable

Answer 9

Rad your policy details very carefully, it just might say that the car has to be roadworthy, not necessarily in possession of an MoT. It's possible that you might be okay, but it's also possible that the insurers may wriggle out because you didn't declare any relevant facts.

Answer 10

mot may be a problem but for the points u dont declare under 6 points