ITV failure

Old Jan 20th 2015, 3:45 pm
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My car has failed it's IVA. Am I allowed to drive while it is being sorted ready for next IVA?
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Old Jan 20th 2015, 4:53 pm
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Default Re: ITV failure

No, the rules say that you can only drive it to a garage for repair and back to the ITV station for a retest.

It tells you that on the back of the ITV report they gave you.
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Old Jan 20th 2015, 7:02 pm
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Default Re: ITV failure

Thank you for info sorry put in wrong 'topic' but not as cued up to comps as most of you being 75 years old. will try to get it right in future
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Old Jan 21st 2015, 1:22 pm
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Default Re: ITV failure

I'm surprised at this, I thought no cars ever failed the ITV. At least in this part of Murcia there seems to be a great many mobile scrapyards. Jose from the farm up the track from us has a Ford Fiesta held together with meccano riveted to other body panels, when that lets go it gets a good dose of duct tape.
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Old Jan 21st 2015, 1:47 pm
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Default Re: ITV failure

They never fail because they are never tested.

The fine for not having an ITV is only €100 (after the prompt payment discount). No loss of points is involved so it is cheaper to take a chance than spend hundreds fixing the car.
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Old Jan 21st 2015, 2:07 pm
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Default Re: ITV failure

Originally Posted by Fred James
They never fail because they are never tested.

The fine for not having an ITV is only €100 (after the prompt payment discount). No loss of points is involved so it is cheaper to take a chance than spend hundreds fixing the car.
Or you buy a 'guaranteed pass' same as in the UK, cash is king
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Old Jan 21st 2015, 2:15 pm
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Default Re: ITV failure

Originally Posted by Fred James
They never fail because they are never tested.

The fine for not having an ITV is only €100 (after the prompt payment discount). No loss of points is involved so it is cheaper to take a chance than spend hundreds fixing the car.
Remember that the insurance will be invalidated if the car hasnt passed the ITV.

Driving without insurance is pretty serious, and having an accident and hurting or killing someone with no insurance is a serious crime
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Old Jan 21st 2015, 3:36 pm
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Default Re: ITV failure

On what do you base that statement? Does your car insurance policy have a clause in it to that effect?

I am insured with Linea Directa and my policy does not contain any such clause.

In fact, as this issue has been raised so often on various forums I took the trouble to ask LD that specific question. Their answer, documented via email, was that my insurance policy WOULD NOT be invalidated if I did not have a valid ITV.

Their only proviso was that if I was stopped and fined for not having an ITV, my policy extension, which covers dealing and challenging fines (gestion de multas), would not apply.

For your information, if you have an insurance policy, the insurance company can, under no circustances, invalidate the third party element of the cover, even if you lied when you applied or if you were drunk at the time. They are obliged under EU law to pay out any third party claim.

That said, they can sue you for the costs of doing so, but your insurance is still valid in the eyes of the law and you cannot be charged with driving without insurance - that only applies if you never had a policy at all. It's the same with driving licences. There is a severe penalty for driving without a licence but that does not apply to driving with an out of date licence.
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Old Jan 21st 2015, 3:48 pm
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Default Re: ITV failure

Originally Posted by Fred James
On what do you base that statement? Does your car insurance policy have a clause in it to that effect?

I am insured with Linea Directa and my policy does not contain any such clause.

In fact, as this issue has been raised so often on various forums I took the trouble to ask LD that specific question. Their answer, documented via email, was that my insurance policy WOULD NOT be invalidated if I did not have a valid ITV.

Their only proviso was that if I was stopped and fined for not having an ITV, my policy extension, which covers dealing and challenging fines (gestion de multas), would not apply.

For your information, if you have an insurance policy, the insurance company can, under no circustances, invalidate the third party element of the cover, even if you lied when you applied or if you were drunk at the time. They are obliged under EU law to pay out any third party claim.

That said, they can sue you for the costs of doing so, but your insurance is still valid in the eyes of the law and you cannot be charged with driving without insurance - that only applies if you never had a policy at all. It's the same with driving licences. There is a severe penalty for driving without a licence but that does not apply to driving with an out of date licence.
I stand corrected!
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Old Jan 21st 2015, 7:14 pm
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Smile Re: ITV failure

Originally Posted by Fred James
On what do you base that statement? Does your car insurance policy have a clause in it to that effect?

I am insured with Linea Directa and my policy does not contain any such clause.

In fact, as this issue has been raised so often on various forums I took the trouble to ask LD that specific question. Their answer, documented via email, was that my insurance policy WOULD NOT be invalidated if I did not have a valid ITV.

Their only proviso was that if I was stopped and fined for not having an ITV, my policy extension, which covers dealing and challenging fines (gestion de multas), would not apply.

For your information, if you have an insurance policy, the insurance company can, under no circustances, invalidate the third party element of the cover, even if you lied when you applied or if you were drunk at the time. They are obliged under EU law to pay out any third party claim.

That said, they can sue you for the costs of doing so, but your insurance is still valid in the eyes of the law and you cannot be charged with driving without insurance - that only applies if you never had a policy at all. It's the same with driving licences. There is a severe penalty for driving without a licence but that does not apply to driving with an out of date licence.
Brilliant informative post Fred but I bet some will claim all is invalid without a current ITV!
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Old Jan 21st 2015, 8:12 pm
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Default Re: ITV failure

I subscribe to the Monty Python view of insurance. Which is of course you are covered against almost everything until such time as you come to make a claim. Almost every motor insurance document I have seen has the get out clause that the vehicle must conform to the rules of the country in which it is being driven. Ie If the car should Not be on the road then the insurer has no more liability than the mandatory third party cover. Anything else . Monty python rules apply.
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Old Jan 21st 2015, 9:14 pm
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Default Re: ITV failure

And 3rd party is what Fred is referring to.
Now your own losses are another matter.
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Old Jan 21st 2015, 9:20 pm
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Default Re: ITV failure

Originally Posted by EMR
If the car should Not be on the road then the insurer has no more liability than the mandatory third party cover.
Exactly! Irrespective of the policy holder not conforming to the conditions of the policy, the third party will be covered by the insurance policy.

The policy holder will get no compensation for any loss of his car or personal injury and will ultimately be responsible in law for the costs paid out by the company but the third party will be paid.

Also, in Spain if the third party in insured and the other driver has no insurance at all then the insurance Consorcio will cover the costs of the claim. Every insurance policy includes a small charge to cover this.

Last edited by Fred James; Jan 21st 2015 at 9:26 pm.
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Old Jan 21st 2015, 10:19 pm
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Default Re: ITV failure

Originally Posted by Fred James
The policy holder will get no compensation for any loss of his car or personal injury and will ultimately be responsible in law for the costs paid out by the company but the third party will be paid.
Can you clarify that Fred regarding "costs" ?

I presume by "costs" you mean that the policy holder is still ultimately responsible for the total amount paid out to the third party as a result of the claim ?
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Old Jan 22nd 2015, 6:49 am
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Default Re: ITV failure

That's my understanding, but clearly it would depend on each individual case. If the culprit was not insured at all and the other vehicle was, then the Consorcio picks up the tab.
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