Jump to content

Recommended Posts

On the way into Peckham (near Lidl), the driver of this car deliberately drove into the rear wheel & pannier of a cyclist.


I don't know what the back story was (there was lots of beeping and shouting previously), but deliberately causing a collision is never cool.


If anyone knows the driver, please ask her to consider others on the roads, and we'll keep Southwark safe for cyclists. :)

Link to comment
https://www.eastdulwichforum.co.uk/topic/186262-dangerous-driving-ll62-prz/
Share on other sites

flocker spotter Wrote:

-------------------------------------------------------

> No it doesn't, Insurance is still valid

> irrespective of the condition etc of the car but

> as you have broken the terms of the agreement

> between you and the insurer, then they will take

> you to task for their losses. this is basic stuff.


So in other words, yes your insurance is effectively invalid as if the insurer has to pay out to a 3rd party they will then recover that payment from you, and they won't pay out on any claim of your own?


Just checked the website of Mrs.H's insurers, Liverpool Victoria, which says:


Why do I need an MOT?


Your insurance is invalid without one. If you don't have an MOT then your car insurance won't cover you in an accident.


This means you'll need to pay for any repairs to your car yourself and cover the costs of any other drivers involved if you are at fault. And, if your insurance is invalid, you could also receive a fine and points on your licence.


So at least for that company it's not "basic stuff"!

Beulah Wrote:

-------------------------------------------------------

> An Audi driver? Who would have thought...

> You should report them here:

>

> https://www.met.police.uk/report/report-a-road-tra

> ffic-incident/

>

> That could have been you / your child / someone

> you know



Yes, as a family we own TWO Audi's...which makes it doubly enjoyable when ramming cyclists off the road.


What a stupid statement in the context of a serious issue.

yes it is, think about it and the relationship of the indemnity cover provided. A third party cannot be penalised because you have failed to meet your side of the contract and the contract is still extant between the first 2 parties - this is basic insurance practice. Otherwise every TP claim would be rejected where a car was deemed unroadworthy after an accident .walk away from google and have a think.

flocker spotter Wrote:

-------------------------------------------------------

> yes it is, think about it and the relationship of the indemnity cover provided. A third party cannot

> be penalised because you have failed to meet your side of the contract and the contract is still

> extant between the first 2 parties - this is basic insurance practice. Otherwise every TP claim would

> be rejected where a car was deemed unroadworthy after an accident .walk away from google and have

> a think.


I understand your logic, but surely there is no contract between the insurance company and the third party? The insurance company is just covering the insured's losses - should that contract fail then the insured person is merely liable for the losses him/herself?

RTA section 148-155 Loz- unless the insurer formally revokes the insurance contract between 1P and 2P , then it is valid for the third party claimant. It cannot be any other way or the whole industry would collapse. The important distinction is the indemnification of the 3P here- this is the minimum requirement under the RTA.


obviously if you have a wretched car with slicks and broken suspension, then you will likely be penalised if you claim for your own damage, this it cannot affect the cover that the 3P is guaranteed, whatever the insure may say

flocker spotter Wrote:

-------------------------------------------------------

> yes it is, think about it and the relationship of

> the indemnity cover provided. A third party cannot

> be penalised because you have failed to meet your

> side of the contract and the contract is still

> extant between the first 2 parties - this is basic

> insurance practice. Otherwise every TP claim would

> be rejected where a car was deemed unroadworthy

> after an accident .walk away from google and have

> a think.


No need for the rudeness. Yes, the insurer will still pay out to a third party, but if you don't have an MOT the insurer will then claim those costs back from you, therefore your insurance is, de facto, invalid - ultimately you will pay, not the insurer.

Damn - my first time back for several months and I find myself agreeing with Rendel.


My understanding is that whether or not letting an MOT expire would cause problems with a policyholder's insurance cover depends upon the terms of each individual policy. Having no valid MOT will not render a policy void ab initio (unless you have no MOT at the outset and you misrepresent to the insurer that you have). If you let your MOT expire after the policy commences, this means that the policy would be voidable at the election of the insurer, so much would depend upon whether or not the insurer decided to repudiate (avoid) the policy. The chances are, of course, that they would repudiate if it was going to cost them a lot otherwise.

rendelharris Wrote:

-------------------------------------------------------

> flocker spotter Wrote:

> --------------------------------------------------

> -----

> > yes it is, think about it and the relationship

> of

> > the indemnity cover provided. A third party

> cannot

> > be penalised because you have failed to meet

> your

> > side of the contract and the contract is still

> > extant between the first 2 parties - this is

> basic

> > insurance practice. Otherwise every TP claim

> would

> > be rejected where a car was deemed unroadworthy

> > after an accident .walk away from google and

> have

> > a think.

>

> No need for the rudeness. Yes, the insurer will

> still pay out to a third party, but if you don't

> have an MOT the insurer will then claim those

> costs back from you, therefore your insurance is,

> de facto, invalid - ultimately you will pay, not

> the insurer.



No,, no de facto required, you are insured unless the insurance has been expressly revoked. This is not a grey area. This is enshrined in the basics of the RTA with regard to the insurers minimum responsibilities. Whatever happens outside that requirement wrt to non adherence to the T&C is between P1 and P2 and is a civil matter.


Now no more man in pub guff. No need for any thanks, I am more than happy to assist.

Being rude is such a much better substitute for the facts, isn't it? If you actually look at many car insurance policies, they will specifically state that they are invalidated if the policy holder does not maintain their MOT certificate and VED. I've actually taken the trouble to dig out Mrs.H's policy, and it says exactly that. But of course you know better, because you've posted a snotty comment! Ain't t'internet wonderful!

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Latest Discussions

    • Per Cllr McAsh, as quoted above: “We are currently updating our Enforcement Policy and changes will allow for the issuing of civil penalties ranging from £175 to £300 for visible smoke emissions, replacing the previous reliance on criminal prosecution. " Is anyone au fait with the Clean Air Act 1993, and  particularly with the state of 'Smoke Control' law and practice generally?  I've just been looking  through some of it for the first time and, afaics, the civil penalties mentioned  were introduced into the Clean Air Act, at Schedule 1A, in May 2022.  So it seems that, in this particular,  it's a matter of the enforcement policy trailing well behind the legislation.  I'm not criticising that at all, but am curious.  
    • Here's the part of march46's linked-to Southwark News article pertaining to Southwark Council. "Southwark Council were also contacted for a response. "Councillor James McAsh, Cabinet Member for Clean Air, Streets & Waste said: “One of Southwark’s key priorities is to create a healthy environment for our residents. “To achieve this we closely monitor legislation and measures that influence air pollution – our entire borough apart from inland waterways is designated as a Smoke Control Area, and we also offer substantial provision for electric vehicles to promote alternative fuel travel options and our Streets for People strategy. “We as a council support the work of Mums for Lungs and recognise the health and environmental impacts of domestic solid fuel burning, particularly from wood-burning appliances. “We are currently updating our Enforcement Policy and changes will allow for the issuing of civil penalties ranging from £175 to £300 for visible smoke emissions, replacing the previous reliance on criminal prosecution.  “This work is being undertaken in collaboration with other London boroughs as part of the pan-London Wood Burning Project, which aims to harmonise enforcement approaches and share best practice across the capital.” ETA: And here's a post I made a few years ago, with tangential relevance.  https://www.eastdulwichforum.co.uk/topic/278140-early-morning-drone-flying/?do=findComment&comment=1493274  
    • The solicitor is also the Executor. Big mistake, but my Aunt was very old, and this was the Covid years and shortly after so impossible to intervene and get a couple of close relatives to do this.  She had no children so this is the nephews and nieces. He is a single practitioner, and most at his age would have long since retired - there is a question over his competence Two letters have already gone essentially complaining - batted off and 'amusingly' one put the blame on us. There are five on our side, all speaking to each other, and ideally would work as a single point of contact.  But he has said that this is not allowed - we've all given approval to act on each others behalf. There are five on her late husband's side, who have not engaged with us despite the suggestion to work as a team, There is one other, who get's the lion's share, the typicical 'friend', but we are long since challenging the will. I would like to put another complaint together that he has not used modern collective communication (I expect that he is incapable) which had seriously delayed the execution of the will.   I know many in their 80s very adept with smart phones so that is not an ageist comment. The house has deteriorated very badly, with cold, damp and a serious leak.  PM me if you want to see the dreadful condition that it is now in. I would also question why if the five of us are happy to work together why all of us need to confirm in writing.             The house was lived in until Feb 23, and has been allowed to get like this.
    • Isn’t a five yearly electricity safety certificate one of the things the landlord must give for a legal tenancy?
Home
Events
Sign In

Sign In



Or sign in with one of these services

Search
×
    Search In
×
×
  • Create New...