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Had an accident and MOT has run out. - update!

79 replies

OrmRenewed · 24/03/2010 18:13

DH and I decided not to claim for the costs of our car damage yesterday because we had no MOT. But we've been told it's going to cost between £1200 and £1500 and we have plenty of things we'd rather spend it on.

So what are the likely risks of claiming under the circumstances?

  1. They refuse to pay up.
  2. The only pay part of it.
  3. They refuse to reinsure us and it will be impossible to get insured elsewhere?

Was quite chuffed when the mechanic told me that in all his years of rallying he'd never manage to break a steering rack . He also reckoned the other car must have been going way too fast to have done that much damage (which I thought at the time)

Advice please. Pretty please.

OP posts:
OrmRenewed · 25/03/2010 20:19

What is she was breaking the speed limit hatesponge? It's 30 there.

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OrmRenewed · 25/03/2010 20:23

And (sorry to be boring) now that they have agreed the MOt isn't material, can they change their mind at any point? If the costs get too great for example?

Not that I'm worried or anything.....

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hatesponge · 25/03/2010 20:48

Orm, ime it's highly unlikely that your insurers will back out of paying for the repairs if the cost goes up. If they've agreed they've agreed irrespective of the cost.

Hope that sets your mind at rest. Re breaking the speed limit, firstly, you cant prove she was. I would be very surprised if she would admit to it, and absent that it will be your word again hers. Even if she did say, for example, she may have been over the limit, unless her speed was the actual cause of the accident, then it will not necessarily be relevant - sorry I dont know the accident circs so am speaking in rather general terms....

OrmRenewed · 25/03/2010 21:00

Thanks hatesponge - I know you can't say for sure. I just have this horrible sinking feeling in my stomach that something serious has been set in motion. She's friendly but a bit intense. I need to get a grip.

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Buzzybb · 25/03/2010 21:45

Might be better to just be honest and go through the insurance and have nothing to do with this lady as we have learnt the hard way. DP ran into back of another car of a neighbour we paid up cash for damages to his car and for nights loss of earnings as he is a cab driver and just got him to write a reciept that he recieved x amount for a, b and c. We thought that was an end to it, 8 months later our insurance rang us to say a claim has been lodged for damages and injury and loss of income I still had note and damaged bumper off our car but as police told us to sort it ourselves we have no police statement to back us up that it was not high speed etc now our insurance does not want to pay out to him and we are all being investigated as we are neighbours to ensure claim is not fraudulent esp as I did not know that his taxi job was cash in hand and he was getting JSA so a real mess. In future will be just saying we will deal with insurance and insisting police do their job properly.
Good Luck

OrmRenewed · 25/03/2010 21:49

Thanks buzzy. I think you are right. I am getting horrible anxious about it all now.

Sorry you had such a bad time.

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OrmRenewed · 26/03/2010 16:13

All getting a bit odd now.

The owner of the van rang me now to say that the driver who has been signed off work (but is still driving and walking all over the place) came in to see her and said that I had rung her and offered to pay for chiro I didn't have her number until she gave it to me last night (although she has rung me twice). She told me she needed chiro and I told her about the one I went to that was quite good. Not quite the same thing. She also told me she is a bit of a fantasist and tend to exagerate her illnesses.

Great I seem to have found an nutter. My own private one.

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Merrylegs · 26/03/2010 16:41

Argh! Orm you are being TOO NICE!!! WHY did you advise this woman (who alleges you crashed into and are therefore the cause of her needing a chiropracter) anything. DO NOT enter into any conversation with her. Because now she can say you recommended someone to her which could mean you believe she needs treatment ...do you see where all this could go? And why are all these people ringing you? Refer them to your insurance company.

OrmRenewed · 26/03/2010 16:49

Yes that is what the insurance company has said to do now.

I didn't tell her she needed chiro, the hospital did, I was just telling her where I went. Although I am beginning to wonder whether she is actually as damaged as she says she is. If she rings again DH will speak to her for me. I've had enough.

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OrmRenewed · 26/03/2010 16:50

The owner rang me because she reckons I'm getting taken for a mug. Which I think I am.

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Merrylegs · 26/03/2010 17:01

Sorry. Didn't mean to shout at you. Just concerned! My point was that even if you told her where you go in a bye the bye way she could later say "Oh, Orm gave me the name of her chiro," from which one might infer you agreed she needed one, or were influencing her choice of treatment.

Perhaps if she spoke to no one but your insurance company she might not try it on so much (If you think she is). She is likely to be more circumspect when dealing with an official company rather than your sympathetic ear. One would hope.

OrmRenewed · 26/03/2010 17:03

No it's OK merry. I need shouting at . I am a soft touch and tend to beleive everyone is on the level. Stupid thing is I wouldn't actually object to paying for it if she really needed it - but I suspect it wouldn't stop there.

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Buzzybb · 26/03/2010 18:17

OrmRenewed Sorry to ask but when I had an accident and whiplash no chiro would touch me without xrays and such and then advised physio would be better so think it a bit strange she would be treated this so after the accident iyswim leave insurance deal with itas they will have a right to as for proof etc Think Merrylegs might be right,

OrmRenewed · 26/03/2010 18:50

Thanks buzzy. She claims she has been told that she needs chiro by the doctor at A&E - physio won't do any good on it's own. And I have never come across any doctor recommending chiro TBH - it's seen as a bit woo.

Am firmly ignoring any more calls from now on

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Buzzybb · 26/03/2010 18:56

No it was an accupunctureist [sp?] who told me to go as he would do xrays etc and the chiro who would not treat the whiplash as was to soon A & E Dr gave drugs and physio later. [Accupunture was for stomach problems with the tablets]
Be Strong and know you are doing the right thing

MatesNeedPals · 26/03/2010 19:02

Orm, do give your Insurance company a run down of all phone calls you have reiceved from her and her employer/van owner.

Insurance companies don't loike being 'played' and it sounds like she is doing just that.

As others have said chiro is not stright away advised, my friend was treated my medication, neck brace, shoulder splint after xrays and then physio and it was months before she started chiro.

OrmRenewed · 29/03/2010 11:20

She tried to ring me twice over the weekend. First time I was in the bath and DS~1 answered the phone. Second time I was out and DH told her to contact the ins company.

Getting fed up now so I rang my insurance company who gave me a number to give her if she rings again. Also suggested that if she keeps it up I should tell the police as it amounts to harrassment.

Also discovered that it makes no difference how fast she was going as they can't prove it. No matter what the damage to the respective cars shows.

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OrmRenewed · 03/04/2010 18:45

I got a letter from some no-win-no-fee solicitors today. On behalf of the other driver. Apparently she has suffered serious soft tissue damage. Not my problem I guess as the insurers will deal with it but I feel a bit that it was so bad she had to do this. Wondering why she didn't claim via her employers insurance, or even her own.

Her employer has already told me she's a bit of a fantasist but hey ho it will all come out in the wash.

OP posts:
Buzzybb · 03/04/2010 20:50

OrmRenewed copy it and give it to your insurance and then enjoy your bank holiday as youhave said it will all come out in the wash. Have a good weekend

RunawayWife · 03/04/2010 20:57

i thought that not having an MOT invalidate any insurance you may have had, why did you not have a valid MOT? It is against the law not to.

PrimroseCrabapple · 03/04/2010 21:01

You just don't know though. i was hit by a van into the passenger side at less than 30. 6 weeks unable to pick up kids, get them dressed etc, could barely turn my head. i have permanent weakness in my arm caused by nerve damage. physio sorted it out as much as it's going to.

i hope it works out but you can't assume about injuries.

RunawayWife · 03/04/2010 21:08

no MOT no insurance

prh47bridge · 03/04/2010 22:33

RunawayWife - You will find many sources that say having no MOT invalidates your insurance. This is a common belief. However, that doesn't make it true.

If the policy specifically states you must have a valid MOT then not having one may mean you have no insurance, although even then the situation isn't clear cut. However, most policies don't mention the MOT, simply requiring the vehicle to be roadworthy. The fact that you don't have an MOT does not mean that the car is not roadworthy.

In general, as the OP has found, insurance companies will still pay out on a car with no MOT unless the accident was caused by a fault on the vehicle which would have been found at MOT.

OrmRenewed · 04/04/2010 08:42

runawaywife - you're a bit late to the party Have already had that discussion on MN. Anyway as they are paying up it that theory clearly is so much bollocks.

Why was I driving without an MOT? Well.. I was a bit bored one day so I thought I'd se what happened

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OrmRenewed · 04/04/2010 08:43

And I had to show my docs to the police after the accident. No problem there. Might still get a fixed penalty notice but it's been nearly 2 weeks so may be not.

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