Can an insurer refuse to pay out following an accident because of an MoT advisory on brakes?

The insurance company of a friend refuses to pay out. She went into the back of another car on the motorway because she was not paying attention and admits fault due to her carelessness. As she had not put right an MoT advisory on the brakes, the insurance company is refusing to pay out, potentially involving her in personal liability to the driver in front for whiplash. Although, he was walking about and inspecting the damage after the shunt. How should she proceed with her own insurance company to persuade them to pay out? She was comprehensively insured and had payed her premium. The car was an MoT pass. Presumably the insurers are acting unreasonably and she needs to seek redress.

Asked on 5 December 2017 by Billson

Answered by Tim Kelly
Yes she needs to complain, and vigorously. Ask the insurer for the evidence they seek to rely on in court that shows the incident was a result of faulty brakes. The insurer cannot refuse to pay out for an unrelated issue. Ie, her brakes are either faulty or not. If her brakes are faulty, she is in the wrong. If they are not, the insurer has to pay. She does need to act quickly on this, as it can quickly spiral out of control.
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