Can my insurer write my car off if I don't make a claim?

I have a bit of an odd scenario. My car was parked on a slight incline and the handbrake must not have applied enough as 20 minutes later it had rolled down the slight hill and crashed into a wall. The car has a towbar, which looked like took most of the impact. My insurance company, Admiral, were really good and got the car recovered and taken to a garage for storage overnight. The next day the car was taken to Just Car Clinic, who called two days later to say that the repair costs were close to £6000. I had paid £5495 a few days earlier and they're classing it as uneconomical to repair. I spoke to Admiral and explained that I wanted to keep the car and not pursue the claim as I had managed to source the replacement parts, and got a quote for the work to be done by a reputable company. They said I could keep the car classed as Cat N and that I would need to get a new MoT done once work was completed. Admiral phoned today to say that they have can see on the DVLA website that the car has not been MoT'd and they are cancelling the policy with immeditate effect. I explained that I was told I had seven days from when work was completed to have the MoT done. They are going away to listen to phone recordings. If I'm not claiming, does the Cat N still apply? Also, are my insurer allowed to force me to get an MoT done if I'm not claiming, and within such a tight timescale?

Asked on 14 May 2018 by Paul Hamilton

Answered by Tim Kelly
Contact Admiral and tell them they cannot place a categorisation on a vehicle they have not paid a claim on. To do so will cause you financial detriment, and is a breach of the FSMA Act 2000 under Principles of Insurance and ICOBS. You do not need to MoT the vehicle. Ask them where it stipulates in your policy that you would need to do this after an accident. You could request cash in lieu or for them to settle on a total loss basis. Raise a complaint and contact the Financial Ombudsman Service as well.
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