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imagine your MOT expires and you're in Leicester's lockdown

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trevor saxe-coburg-gotha
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PostPosted: 08:39 - 16 Jul 2020    Post subject: imagine your MOT expires and you're in Leicester's lockdown Reply with quote

Indulge me a sec - imagine your MOT expires and you're in Leicester's lockdown. As we all know, previously back in early April, if your MOT was up, we were given a roll over period of iirc 6 months.

I did have one bike needing an MOT in that time - my tester was working throughout, so I went and got it done. May seem unnecessary - and even a bit of a Cummins moment. But I do use it as transport, and because of this, I was not entirely convinced that in the event of an accident, my insurance would honour my claim if the bike didn't have a valid MOT.

This is where things got sketchy, imo. It's okay govt saying yeah no, stay in - we'll roll that shit over for a while. But then not telling insurers to march in the same direction. I spoke to two different test centres at the time, and although they would say this wouldn't they, they said get an MOT pass on it. I called them on it - because they're mates. I said yeah yeah, isn't that just your business head speaking. They said no actually - both had contacted various insurers and asked them about validity of policies. Apparently insurers were loathe to say either way. Not a good place to be in if you have to tackle them in the eventuality of a claim - they can be slippery at the best of times.

So - fts. I just wondered what the situation in Leicester is. How locked down is it? Is it even still IN lockdown? And what are the knock on effects for people needing MOTs? Any bcf people living in Leics? Be interesting to hear about this because the pessimist in me thinks that come autumn/winter 2020, there might be a bit more of this local lockdown shenanigans kicking off.
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Nobby the Bastard
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PostPosted: 09:02 - 16 Jul 2020    Post subject: Reply with quote

The insurance company would be still be obliged to pay out because 1) they cannot cancel third party insurance retrospectively and 2) your mot hadn't expired, it had been extended by 6 months.
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trevor saxe-coburg-gotha
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PostPosted: 09:05 - 16 Jul 2020    Post subject: Reply with quote

We hope so, at the very least. But when two mates of mine, who're testers, spoke to insurance companies back in early April, the latter were being vague about it all. Apparently.
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kgm
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PostPosted: 09:05 - 16 Jul 2020    Post subject: Reply with quote

I have direct experience of contacting a few insurance companies where a definitive answer to this was required for legal purposes. All honoured their cover at least I respect of third party where an MOT was invalid.

I expect for them to try and wangle put of their obligation to cover third party risks they would have to show that the lack of MOT was s contributory factor to a crash, i.e. there was a mechanical failure of some kind.

In any case, I'd the government says your MOT is valid for another 6 months (and it is the case that its validity has been extended, it's not just a grace period before you have to renew) then an insurance company would have a very hard time trying to argue that your MOT was invalid.

If you look at the MOT check website for any vehicle you will see that if it had a valid MOT then the expiry date shown is 6 months later than it was previously so I don't know how an insurer would know, unless your MOT was already up prior to the extension.
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arry
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PostPosted: 09:12 - 16 Jul 2020    Post subject: Reply with quote

trevor saxe-coburg-gotha wrote:
We hope so, at the very least. But when two mates of mine, who're testers, spoke to insurance companies back in early April, the latter were being vague about it all. Apparently.


Vague?
https://www.bennetts.co.uk/bikesocial/news-and-views/news/2020/march/car-motorcycle-mot-test-due-coronavirus
https://www.lexhaminsurance.co.uk/blog/covid-19-faqs-advice-for-scooter-motorcycle-owners/
https://www.devittinsurance.com/motorbike-insurance/motorbike-insurance-during-uk-lockdown/
https://www.hastingsdirect.com/coronavirus/


IMO, the insurer response has been timely and clear.
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trevor saxe-coburg-gotha
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PostPosted: 09:18 - 16 Jul 2020    Post subject: Reply with quote

Well great then. I'm glad to hear it. What will happen with local lockdowns though? Will MOTs be suspended on a region by region basis? Anyone got any thoughts on that?
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arry
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PostPosted: 10:14 - 16 Jul 2020    Post subject: Reply with quote

trevor saxe-coburg-gotha wrote:
Well great then. I'm glad to hear it. What will happen with local lockdowns though? Will MOTs be suspended on a region by region basis? Anyone got any thoughts on that?


https://www.gov.uk/government/news/leicestershire-coronavirus-lockdown-areas-and-changes

Nothing in any of the guidance on a rolling extension to MOT tests so my guess is the Government haven't considered it. You should only travel in or out or between areas of local lockdown for essential purposes but it doesn't say what essential purposes are either.

I would take it wherever was most local and open to MOT it personally.
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Riejufixing
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PostPosted: 10:56 - 16 Jul 2020    Post subject: Reply with quote

trevor saxe-coburg-gotha wrote:
Well great then. I'm glad to hear it. What will happen with local lockdowns though? Will MOTs be suspended on a region by region basis? Anyone got any thoughts on that?

The government has said it will end the MOT extension early, so I would say "No". MOT stations are open anyway, and will be in locked down areas (including Leicester City Centre MOTs who were quite surprised st the question when I asked just now).
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Robby
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PostPosted: 13:08 - 16 Jul 2020    Post subject: Reply with quote

I have a feeling that the reality will be as vague and confusing at the guidance around local lockdowns.

Say you have a crash, and your MOT has expired, and the only reason you couldn't renew it was a local lockdown.

In that situation, some companies will try to wangle out of paying, or pay less. Some people will believe them, and end up in a worse situation than necessary.
Others - likely including the good folk of BCF - would push back on the insurers (like we do every time they try it on - from offering below market value to pressuring us to accept split liability).
A recently expired MOT, in those circumstances, should be accepted as a problem in itself. It may be that a contributing factor was something that would be an MOT fail - like knackered brakes - but in that case you are riding an unsafe bike.

So lawyers will end up making some money out of this. There may also be more crashes/passenger mile covered because lots of vehicles that would have failed an MOT 6 months are still on the road.

I wouldn't stop riding over it.
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Riejufixing
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PostPosted: 13:24 - 16 Jul 2020    Post subject: Reply with quote

Robby wrote:
Say you have a crash, and your MOT has expired, and the only reason you couldn't renew it was a local lockdown


But how does that situation even arise? MOT stations are open. The one near me is open. The bike one I go to is open. Even MOT stations in currently-locked-down Leicester (for bikes and other vehicles) are open. There does not seem to be a reason for not being able to get an MOT.
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iooi
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PostPosted: 14:43 - 16 Jul 2020    Post subject: Reply with quote

trevor saxe-coburg-gotha wrote:
Well great then. I'm glad to hear it. What will happen with local lockdowns though? Will MOTs be suspended on a region by region basis? Anyone got any thoughts on that?


Even through the national lock down you could still take your vehicle for a MOT.
Garages were considered a Essential service. So anyone that wanted to, could still take their car/bike etc and get it tested... Rolling Eyes
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Nobby the Bastard
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PostPosted: 15:46 - 16 Jul 2020    Post subject: Reply with quote

Not having an mot only attracts a fine, not even points, so having an insurance company refuse to pay out because of it is one to take to the ombudsman.

This is on top of the fact that you wouldn't have no mot for any car due to have one before end of july because they have been extended for 6 months and the fact that they have to pay out for a 3rd party regardless of the crime committed (except perhaps terrorism).

Having an unroadworthy vehicle is an entirely different issue.
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Tomoose
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PostPosted: 15:51 - 16 Jul 2020    Post subject: Reply with quote

MOT's were extended during the period. The vehicles with the Covid-19 extension have a revised expiry date. You are still required to have a valid MOT, it's just some people will have MOT's that lasted 18 months instead of 12. It had to be done this way to ensure there is no insurance implication (amongst other things), although it's obviously still an offence to drive a vehicle that isn't in a roadworthy condition.
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Easy-X
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PostPosted: 17:19 - 16 Jul 2020    Post subject: Reply with quote

Nobby the Bastard wrote:
Having an unroadworthy vehicle is an entirely different issue.


Yes, I was thinking on my old DT: no MoT test required but it still has to be roadworthy.

I would guess it would come under the catch-all "inform us of any change of circumstances" as in your (extended or otherwise) MoT has expired and you can't get to a garage to do anything about it then the insurance company can explicitly tell you where you stand.

Slightly related: if your MoT has expired legally you are entitled to go out on public roads to and from a pre-booked MoT appointment. How about your insurance policy in that circumstance?
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arry
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PostPosted: 17:24 - 16 Jul 2020    Post subject: Reply with quote

Lockdown eased anyway - https://www.bbc.co.uk/news/uk-england-leicestershire-53416023
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Nobby the Bastard
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PostPosted: 17:26 - 16 Jul 2020    Post subject: Reply with quote

Easy-X wrote:
Nobby the Bastard wrote:
Having an unroadworthy vehicle is an entirely different issue.


Yes, I was thinking on my old DT: no MoT test required but it still has to be roadworthy.

I would guess it would come under the catch-all "inform us of any change of circumstances" as in your (extended or otherwise) MoT has expired and you can't get to a garage to do anything about it then the insurance company can explicitly tell you where you stand.

Slightly related: if your MoT has expired legally you are entitled to go out on public roads to and from a pre-booked MoT appointment. How about your insurance policy in that circumstance?


Despite the 'inform us of all changes of circumstances ' caveat your 3rd party insurance is still valid until your insurance company informs you that they have cancelled it and they cannot do this retrospectively in any circumstances.

Caselaw in crown court prevents them.
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Freddyfruitba...
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PostPosted: 19:37 - 16 Jul 2020    Post subject: Reply with quote

Not sure I understand the problem. If you're in a locally locked down area, then you must only use your vehicle for essential purposes. I'm sure driving it to an MOT station would be pretty essential.... the fundamental difference between this situation and what we've just come out of is that the entire country was locked down, and in theory at least, no MOT stations were available anywhere. Now, all you'd need to do is drive to a non-locked-down area to get your MOT test done.
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trevor saxe-coburg-gotha
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PostPosted: 21:02 - 16 Jul 2020    Post subject: Reply with quote

Freddyfruitbat wrote:
Not sure I understand the problem. If you're in a locally locked down area, then you must only use your vehicle for essential purposes. I'm sure driving it to an MOT station would be pretty essential.... the fundamental difference between this situation and what we've just come out of is that the entire country was locked down, and in theory at least, no MOT stations were available anywhere. Now, all you'd need to do is drive to a non-locked-down area to get your MOT test done.


At one point back in April it seemed like getting an MOT was not possible - which was presumably why there was a roll over.

Now, if a particular area went into a strict lockdown (like the national one in April, when - because they were rolling MOTs over - there was presumably a lack of MOT stations open...or else why roll them over?), you might well not be able to find anywhere that was open.

I'm just speculating.
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Nobby the Bastard
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PostPosted: 21:50 - 16 Jul 2020    Post subject: Reply with quote

If I remember correctly, the insurance companies declared lack of mot be cause it ran out during lockdown wasnt an issue happened before the government announced the 6 month extension.
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arry
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PostPosted: 22:29 - 16 Jul 2020    Post subject: Reply with quote

Nobby the Bastard wrote:
If I remember correctly, the insurance companies declared lack of mot be cause it ran out during lockdown wasnt an issue happened before the government announced the 6 month extension.


Correct. Same with CBT.
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Riejufixing
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PostPosted: 22:39 - 16 Jul 2020    Post subject: Reply with quote

arry wrote:
Nobby the Bastard wrote:
If I remember correctly, the insurance companies declared lack of mot be cause it ran out during lockdown wasnt an issue happened before the government announced the 6 month extension.

Correct. Same with CBT.

Same with CBT? Really?
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Nobby the Bastard
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PostPosted: 23:06 - 16 Jul 2020    Post subject: Reply with quote

Riejufixing wrote:
arry wrote:

Correct. Same with CBT.

Same with CBT? Really?


Insurance isnt the same as legalities regarding licensing.
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Nobby the Bastard
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PostPosted: 23:14 - 16 Jul 2020    Post subject: Reply with quote

arry wrote:
Nobby the Bastard wrote:
If I remember correctly, the insurance companies declared lack of mot be cause it ran out during lockdown wasnt an issue happened before the government announced the 6 month extension.


Correct. Same with CBT.


I applaud them for acknowledging that they still have to provide the service that they were legally and contractually obliged to provide regardless of covid 19.
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Riejufixing
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PostPosted: 23:20 - 16 Jul 2020    Post subject: Reply with quote

Nobby the Bastard wrote:
Riejufixing wrote:

Same with CBT? Really?

Insurance isnt the same as legalities regarding licensing.

Obviously. Are you/he saying that insurance companies actually said it was OK to ride without a CBT? Where?
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Nobby the Bastard
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PostPosted: 23:28 - 16 Jul 2020    Post subject: Reply with quote

The insurance companies said that they wouldn't invalidate insurance because of no cbt.

This is different from riding a bike after your cbt expired being against the law.

This isnt difficult to understand.
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