There is no law that says so, but if the policy says so, then that's the terms of the contract.
One avenue of hope (other than goodwill or oversight), is to claim...
Under the Unfair Contract Terms Act 1977 that that non-negotiable contract term does not satisfy the requirement of reasonableness, because the loss to the insurer was not incurred as a result of the breach, and the penalty for the breach is not in keeping with the nature and severity of the breach.
You need to post the T&C on here to get a better answer.
|
Chances are that Insurance company already knows this if they have access to the VOSA website.
|
|
This has been brought up a few times on here. Some depends on who's insurance is paying out, his or the other party. Also how long ago had it expired.
If nothing else, they will probably try to reduce any payout for not having an MOT.
|
Thanks for the responses, not quite as black and white as I thought then
I think they are resigned to losing most if not all of the value of the car, so anything there would be a bonus
The other party, who was speeding in a 10 zone (albeit private car park), is starting to talk about loss of earnings, whiplash, the usual, even though they suffered a mere dented front wing, and the other car was written off
I think my friend is now primarily concerned with the possibility they will be responsible for all the usual no-win, no-fee nonsense that tends to follow these sorts of accidents
Thanks again, I will pass this info on
|
The insurance would cover the third party claim, but not the idiot without an MOT if thats whats stated on the policy? If its on a private car park then its possible that no one will be paid out
|
|
|
|