Car Insurance Claim Road Tax Expired

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catsrcool | 08:23 Tue 30th Apr 2019 | Insurance
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A relative of mine has had a accident in her car.
She forgot to renew the road tax which had expired 1 week before the accident.
I know that car insurance is void if the car is not taxed but should that matter with the short time between tax expiry and the accident?


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I would think so !!
I doubt that the insurance company will pay out in those circumstances.
Could be or maybe not.
I am unaware of a condition on my car policy that the car has to have a current tax. In fact, since you can't tax a car unless it has insurance, you would find yourself in a catch 22 situation. Insurance policies state that the car must be roadworthy but even an expired MoT needn't invalidate the insurance, as some MoT failures don't make the vehicle unroadworthy.
I think she has nothing to worry about from an insurance point of view.

It depends on the insurance company, read the small print of the policy
Roadworthy could also means 'legal' , bhg
To be absolutely sure you should check your insurance policy.
If the insurance company does take the stance the insurance in not valid without an MOT then they will hold firm to that whether the lapse is one week or 11 months
car insurance is NOT void if you have no tax/MOT, that is a common myth, in fact very few things automatically void car insurance, if that were the case every motoring offence would be accompanied by a no insurance prosecution, nonsense. Now, that said, the insurance company can use it as a stick to beat you with by reducing payout etc but on the plus side you'll not be prosecuted for no insurance.
"I know that car insurance is void if the car is not taxed"

That is incorrect and Tora is quite right. This has been aired on here before. Apart from domestic law there is an EU directive which makes it impossible for insurers to invalidate third party cover for almost any reason and having no MoT most certainly is not among the few exceptions. The Express article is misleading if not completely incorrect (I haven't fully read it). I've got to go out now but I'll find the directive later and post it up.
But if there is damage only to the relatives car and property then the insurance company can refuse to pay out.
It is only on 3rd party claims that the insurance must be paid out, and then the insurance company can try to recover costs from their client.

NJ, what is the situation if the uninsured is hit by another vehicle and tries to claim from THEIR insurance company? Can they refuse to pay out because the third party had no MOT?
hc4361 you make a good point. New Judge and I have discussed this before and it's important to make the distinction between invalid insurance (in the sense you can't be prosecuted for no insurance if the vehicle's unroadworthy for example) and the situation in which the insurer is entitled not only to pay out for own damage but also to recover any sums paid to third parties. The latter would be pretty invalid in my book. It doesn't happen often, but I know of one insurer that does sometimes pursue its own policyholders for sums paid to third parties.

Re the third party point, I'm not sure if the insurer could refuse to pay out full stop but I imagine would try to reduce the claim on the grounds of the reduced 'value' of the uninsured vehicle due to the absence of an MoT, just as it would with a vehicle that was insured.
This insurance company states that not having road tax will invalidate your insurance.
Para 6
Another misleading article I fear Danny.
Slight cross purposes here I feel, as per NJ and the like Third Party insurance doesn't depend upon Tax & MOT but it is possible that insurers could decline to payout on comprehensive claims if they have stated that the comprehensive part of the policy is contingent on those conditions being met.
Direct Line:
If you drive without a valid MOT, your car insurance is invalid
That makes it very tricky to take the car for MoT once it's expired - you'd have to have it collected on a low-loader.
The police say:

" However, not having an MOT may have implications for the validity of your insurance..."
bhg -
"If your vehicle doesn't have a current MOT certificate you can only drive it to or from a pre-arranged MOT or to or from a pre-arranged appointment to have defects remedied that were discovered on a previous test. You can also drive your vehicle on a road without road tax in these circumstances too but your vehicle must be insured."

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