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Bad Crash No Nct, Hit Lamppost.

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  • 18-03-2011 1:24pm
    #1
    ger1980
    Closed Accounts Posts: 9 ✭


    Hi

    Looking for someone who works in insurance, or has been in a simular situation. No inexperianced opinions please.

    I am with Quinn-direct, covered third party fire and theft. I had a really bad accident last week in which I hit another car and a lamp post. The lamp post was replaced by the copperation the next day.

    My problem now is I got a claim forum in the door asking me to attach a valid nct cert. Unfortunatly we where in the process of getting the money together to get the nct done. So I do not have one.

    My question is....am I f**ked. Will the insurance company pay for the damage to the other car, and will the copperation bill me for the new lamp post.

    Thanks in advance


Comments

  • Options
    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Quinn Direct are legally obliged to pay out to all 3rd parties, regardless of whether or not you had an NCT. So the other car and the council are covered.

    An insurance policy usually requires that you maintain your vehicle in a roadworthy condition, however an NCT is not a certificate of roadworthiness and Quinn would have to prove that your vehicle was not roadworthy in order to void your insurance policy.

    In any event they must pay the 3rd parties and then they can chase you for the costs later on if they think you were in the wrong.

    Just send back in the claim form without the NCT cert.


  • Options
    #3
    dots111
    Closed Accounts Posts: 1 ✭dots111


    Hi Seamus ,

    I m in the exact same situation , I am wondering how you can be so sure , do you work in the industry ?

    Cheers


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    #4
    jaceq
    Closed Accounts Posts: 138 ✭✭jaceq


    I don't get it, you HAVE to have NCT to drive a car on public road, if you don't than don't drive it! If you do however, you risk facing additional problems / costs. I think that if in yours T&C's it is mentioned that you have to have valid NCT, insurance should not pay as you are in breach of contract.


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    #5
    Otis Driftwood
    Closed Accounts Posts: 9,925 ✭✭✭Otis Driftwood


    dots111 wrote: »
    Hi Seamus ,

    I m in the exact same situation , I am wondering how you can be so sure , do you work in the industry ?

    Cheers

    I work in the industry and what Seamus is saying is 100% correct.The duty of care for an insurance company lies with the third party,always.Even though your NCT isnt valid they are still legally and contractually bound to cover any damage incurred by the third party ie the person you hit.

    Your insurance company may have the option however to cancel your policy because when you sign up for insurance the declaration states that your vehicle is road worthy.An invalid NCT may negate this.
    jaceq wrote: »
    I don't get it, you HAVE to have NCT to drive a car on public road, if you don't than don't drive it! If you do however, you risk facing additional problems / costs. I think that if in yours T&C's it is mentioned that you have to have valid NCT, insurance should not pay as you are in breach of contract.

    Doesnt matter.As I said,the insurer legally has to pay the costs incurred by the third party.

    Thats how it works.

    Say I borrow your car and smash into someone else.Even though I wasnt insured to drive your vehicle your insurer will still have to pay out to whoever I crashed into.Now they may pursue me for costs incurred however they will still have to pay out initially.


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