"It is often hinted on here:
....
“Your insurance could be invalid if you have a bald tyre”
....
None of these is true"
New Judge. I agree with almost everything you say, and understand the MIB/insurer relationships (later post refers), but I wouldn't want ABers to think that, in principle, and sometimes in fact, they would not be left £thousands out of pocket because their insurance was “invalid' or however else you’d like to describe it.
The type of s.148 condition is found in the General conditions of a motor policy and, therefore, applies to the whole policy, including the third party section. The bald tyre example is not the best one but, in principle, it’s no different from a drink driver condition (also embedded in s.148) which has allowed at least one insurer to recover enormous amounts (albeit through a civil action) from their own policyholder in respect of payouts to victims. Perhaps it’s semantics, but I can’t see how a policyholder in such a scenario would describe it other than invalid insurance.
The same applies to your point about disqualified driving. The insurer can still recover sums it has paid out to the victims of the disqualified driver. I am grateful for your confirmation that the disqualified driving policyholder will also be committing an uninsured driving offence.
You make an interesting point about ‘use’. I seem to recall there were discussions about closing that ‘loophole’ in the RTA but I don’t think anything came of it.