NCT expires - No Insurance Cover

david5624

Every two years I have received notification of an appointment for my NCT test. As the certificate is valid until end of June, the notification normally comes in May. My tax renews in February so the reminder with that is of no use.
This year I headed off on holidays assuming the test notification was in the post. When I got back still no sign. I emailed NCT who apologised for lack of notification and offered a date three weeks later. We were now into August. I protested and they suggested I contact my Insurance company as I may no longer be insured and if the Gardai cared I was facing a €1500 fine. Sure enough Insurance company advised that I should not drive the car until the day of the test which they would cover and that legally they could not cover me if NCT disc was not valid.
Strongly protested to NCT again, explaining impact on business etc and they said notifications in previous years were a courtesy only. However they did relent and offer a test the following day.

Bottom line... NCT saving money by not sending out reminders of test dates.
If you do let your cert go out of date, legally you are no longer insured and are potentially liable for a €1500 fine. I have heard now of others who did not receive notification and their NCT expired. However they were unaware that they were NOT insured as a result.

Reg_hurley

I only ever received notification for the NCT the first time my car was up.
The car has done 2 tests since and I never received any correspondance from them.
I wouldnt have any problem with it. I know when the car is up so I just book it in in advance.

Wishbone Ash

It is up to the registered owner of the vehicle to ensure that it has a valid NCT certificate. They are correct in saying that reminders are sent out as a courtesy only (same applies for motor tax reminders) and many district judges do not accept that as an excuse if it goes to court.

You can apply to have your NCT test done up to 6 months before it is due.

Anan1

I don't believe for one minute that the lack of an NCT voids insurance. Just to be clear, this is not directed at the OP but at the person in the insurance company who gave them that information.

seamus

Anan1 wrote:

I don't believe for one minute that the lack of an NCT voids insurance. Just to be clear, this is not directed at the OP but at the person in the insurance company who gave them that information.

Well it may. Provided that the insurance company have told you, in your insurance documentation, that your car requires a valid NCT cert at all times.

My insurance doesn't say that, so my insurance is still valid even if I choose to never get an NCT again (though I won't).

Note that once an insurer has undertaken to insure you and assuming that the information you have provided them with is still correct, they are obliged to cover you against all third-party costs. This doesn't mean that you get off scott free - they can chase you in court for the costs - but functionally your insurance is still valid.

Also note that if you ring your insurance company, and the guy on the phone tells you something that contradicts your insurance documentation, then your insurance documentation takes precedence. The documentation forms part of a contract between you and the insurance company and cannot be spontaneously changed by some guy on the phone, or by the insurance company, without obtaining your agreement first.

Henry Ford III

Anan1 wrote:

I don't believe for one minute that the lack of an NCT voids insurance. Just to be clear, this is not directed at the OP but at the person in the insurance company who gave them that information.

Interesting one this. The following is quoted from Eagle Star's website, and may suggest only the 3rd party element of a claim will be met for an insured vehicle without a valid NCT...

"How will the National Car Test affect me?

If your car is liable for testing, you must hold an NCT Certificate and you are required by law to place the NCT disc on the inside of your windscreen alongside your Insurance Certificate and Tax Disc.

In the event of a claim, we will require proof of your NCT certificate. If you have not arranged for the compulsory test on your vehicle, the payment for any outstanding damage to the vehicle will be limited."

david5624

Anan1 wrote:

I don't believe for one minute that the lack of an NCT voids insurance. Just to be clear, this is not directed at the OP but at the person in the insurance company who gave them that information.

This is a fair point...

I am covered by AXA through AA insurance. I rang AA first as they are the broker. The call centre agent did seek advice and returned to say "legally I was not insured" I checked my AXA policy and there are two references that may apply (I suppose depending on the monetary damage I caused while driving with no valid NCT)

The first clause states....

"the vehicle as described is and shall be kept in good condition"

Second

Insurance invalid if

"fail to reveal or hides a fact likely to influence the cover provided"

Although no specific reference to the NCT (so I believe AA advice incorrect)
these are the catch all clauses that would affect a claim if for example I crashed due to faulty brakes. Of course third party claims would be covered by Motor Insurance Bureau of Ireland but Axa might disown me and I might face conviction for driving without insurance.

Just put a call into Axa directly and they checked directly with their underwriters. Yes covered with out of date NCT certificate but if fail NCT probably better to notify insurance company if defect could be material. Basically the two clauses above could be applied.

Will give AA a piece of my mind next.

David

fasty

The NCT site tells you that a provisional appointment should arrive in the post, I didn't get one and booked my NCT at the beginning of the month. They gave me a mid September date. That means almost 2 weeks of driving without an NCT. They haven't sent me a confirmation letter, just a text message!

There's not much I can do about it if they're backed up.

david5624

Well as per my example, depending on your insurance company, you may have issues. NCT advised me to check with insurance company to see whether still covered. When I explained that I had not received notification and I was potentially off the road, I got an appointment next day. They had previously advised no earlier appointments available. Bottom line is make an issue of it, if it is important to you and they will relent.

David

Seth Brundle

I made a claim recently on my car which had no NCT. There were absolutely no issues or questions over it. However, I was in the right (rear ended). They may take a dimmer view if you are at fault and it can be proven that the car was not roadworthy (an NCT doesn't mean its roadworthy). Also if the car is written off they have reduced the value of the car in some cases.

fasty

Well, I took the above advice and called my insurer. They took a note of it and said I'd still be covered.

I daresay if I'm in an accident and it's my fault in the mean time they'll throw the book at me. Insurers seem to be obliged to pay out for 3rd party damage but they reserve the right to recoup costs! :P

zilog_jones

I got insurance last year from Hibernian with no NCT (though it was booked for the test at the time). They didn't even ask about it.

Wishbone Ash

I have never been asked about an NCT certificate when renewing or transfering insurance cover.

Mrs Wishbone Ash has had several claims and was not asked about the NCT either and she has a very cavalier attitude towards NCT and motor tax. :eek:

(Her NCT is currently two years out of date and her tax expired 5 months ago! I've tried .......:o)

Henry Ford III

kbannon wrote:

I made a claim recently on my car which had no NCT. There were absolutely no issues or questions over it. However, I was in the right (rear ended). They may take a dimmer view if you are at fault and it can be proven that the car was not roadworthy (an NCT doesn't mean its roadworthy). Also if the car is written off they have reduced the value of the car in some cases.

Eagle Star would pay any 3rd party damage, sue you for it, and reject any comprehensive dmage claim in the event of no valid NCT.

They are dead right too imho.

Seth Brundle

I presume thats only if the car can be proven to be un-roadworthy. Do their policies stipulate having a valid cert?

Henry Ford III

Yes. Quoted above.

seamus

Henry Ford III wrote:

Yes. Quoted above.

Stuff written on the website doesn't count unless it's included in your insurance documentation too. What I mean is: Eagle Star may have stuck that in as part of their FAQ after they received a lot of calls about it. That doesn't mean that what the website says is gospel.

I think the key here is a lot of policies state that the car must be maintained in a roadworthy condition, and anything which may affect the premium should be notified to the insurer.

In order to shy off paying a claim because of no NCT cert, an insurer would need to prove that

a) A car with no NCT is unroadworthy, or
b) A car with an NCT is a roadworthy car, or
c) The car in question was unroadworthy at the time of the crash.

I think you'll agree that it's impossible to prove A or B, and by extension that means that the status of the NCT cert would not be a factor which would affect the premium. However, as pointed out, a car *failing* the NCT would very much be a premium-affecting factor.

Henry Ford III

Yes, the policy wording is the key. It is the contract that binds both parties, and sets out the basis of liability.

I know a good bit about contract law, and if the policy says a valid NCT is a requirement for cover, then a claim made in the absence of a valid NCT will be declined.

I can't see any necessity for the insurer to prove roadworthyness or otherwise. One of the terms of the contract will have been broken.

Moral of the story is always have a valid NCT.