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no road tax

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chevrolet1.8 | 10:24 Thu 16th Apr 2009 | Law
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if you are caught with your car parked or being driven and you have no road tax (for whatever reason) will this invalidate your insurance? surely if you had an accident even if it was the third parties fault it would be said that the vehicle should not be on the road without road tax in the first place and the onus would be on you.

your thoughts please...i really want to bring someone down a peg!!
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oops just noticed the section ' road rules' under motoring sorry!
http://www.nopenaltypoints.co.uk/legal-implica tions-avoiding-car-tax-insurance.html

According to this, yes it does invalidate your insurance, (and rightly so!)
Question Author
thanks for that it's just what i wanted
There are two aspects to motor insurance:

1. That required by law (essentially this covers the driver for damage or injuries he may cause to third parties).

2. Additional cover. This usually takes the form of either �Fire & Theft� additions to the policy or �Comprehensive� cover which also provides for repair or replacement of the policyholder�s own vehicle in the event of an accident.

Cover required by law cannot be repudiated by the insurers save on a few very limited grounds. Mainly this is where the driver is disqualified from driving. Third Party claims in all other circumstances (including where the car is not taxed, does not have a valid MoT or where the driver has broken the law when causing an accident - for example, speeding or careless driving) must be honoured.

Additional cover can be repudiated provided the exceptions are listed in the policy wording. I do not believe any of the major insurers make such an exception for untaxed vehicles. Mine insists that an MoT (if applicable) must be in force (though this would not facilitate non-payment of Third Party claims) , but it says nothing about tax.

I don�t know where �No Penalty Points� gains its information from, but it is wrong. I have posed a question to their �experts� and will post the answer (if I get one).
Thanks for that New Judge, I'll be interested to know the answer if received.
Of course the Judge is correct. Otherwise nobody would be 'done' for not having or displaying a valid tax disc but for the more onerous offence of driving without insurance, 6 points and a large fine (usually)
Yes it does invalidate your insurance.
This does not invalidate your insurance. I had my car vandalised whilst my tax disc run out (car was parked on the Drive thought) and made a claim with no issues
But you weren't driving your car at the time Akakpo.
No, but even if he/she had been, the insurance would not have been invalidated, save in the circumstances I described in my earlier answer.
On the Direct Line website it shows

"Q: Am I still insured if my road tax has run out?

A: Yes. However, it is an offence to use or permit your vehicle to be on the public highway, without valid insurance cover, valid road tax and a valid MOT (if applicable)"
Question Author
so.....anybody else still confused?
Nowhere in Part 6 of the RTA 1988 (this is the part dealing with road traffic act liabilities) does it state that no road tax means no insurance.

So for Act liabilities, you are insured whether you have road tax or not.

Nowhere in a private motor policy does it state no road tax means no insurance.

So contractually insurers are obliged meet their contractual obligations - for example own damage.

Simple as that really.

Question Author
well i think that sums it up! thanks for all the replies

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