Ms
Nov 27th 2020 | 10:58 pm
#31
Joined: Jun 2006
Posts: 11,231
From: Granada Costa
Re: Ms
I asked my insurance company (LD) if my policy would be void if I drove with no ITV. They categarically said it would not affect my insurance.
Nov 28th 2020 | 7:31 pm
#32
Retired and loving it!
Joined: Sep 2007
Posts: 5,210
From: Ontinyent - Valencia region (campo)
Re: Ms
Try this for a start - it quotes from the law and gives links
http://https://www.citizensadvice.org.es/faq/vehicle-without-valid-itv-mot-insurance-void/
http://https://www.citizensadvice.org.es/faq/vehicle-without-valid-itv-mot-insurance-void/
Nov 28th 2020 | 8:04 pm
#33
Started off with nothing
Joined: Feb 2009
Posts: 4,987
Re: Ms
Try this for a start - it quotes from the law and gives links
http://https://www.citizensadvice.org.es/faq/vehicle-without-valid-itv-mot-insurance-void/
http://https://www.citizensadvice.org.es/faq/vehicle-without-valid-itv-mot-insurance-void/
"Citizens Advice Bureau Spain, or CAB Spain, was conceived by Myra Cecilia Azzopardi. After almost twenty years engaged in helping the expatriate community through her involvement with town halls, the natural progression was to the setting up her business, the Costa Advice Bureau, giving Myra an even wider experience. She soon realised that there was a bona fide need for a source of free, impartial and, above all, accurate information and advice for expatriates living in Spain. The concept of CAB Spain was born."
"the insurance company is entitled to re-claim the damages paid to the third partyfrom you, the policy holder."
As has been explained in more reliable sources, the claim would succeed only if and when the car is found to be defective and that fault contributed to the accident.
If the car was found to have a fault, e.g. bald tyres, the insurance company can and probably would make a successful claim even if that vehicle had a valid MOT
Last edited by missile; Nov 28th 2020 at 8:19 pm.
Nov 28th 2020 | 8:37 pm
#34
Started off with nothing
Joined: Feb 2009
Posts: 4,987
Re: Ms
Another interesting quote
This claim to recover 3rd party costs could fail, if the driver could prove being under the influence did not contribute to the accident. It is easy to think of situations, e.g a driver is under the influence, in a stationary / parked car where another vehicle crashed into him.
PS: I am not suggesting it is acceptable to drink drive. Just playing devils advocate.
"The same can be said if you are found to be driving under the influence of alcohol, the insurance company is obliged to pay third party damages but, will claim cost back from you the policy holder. Due to the fact that you did not meet the obligation to be a responsible driver under the traffic Law if you were driving under the influence."
I would suggest this is a gross over simplification; the fact that you did not meet the obligation does not necessarily mean that the insurer would be successful in claiming 3rd party costs.This claim to recover 3rd party costs could fail, if the driver could prove being under the influence did not contribute to the accident. It is easy to think of situations, e.g a driver is under the influence, in a stationary / parked car where another vehicle crashed into him.
PS: I am not suggesting it is acceptable to drink drive. Just playing devils advocate.
Last edited by missile; Nov 28th 2020 at 8:44 pm.
Nov 28th 2020 | 8:40 pm
#35
BE Enthusiast
Joined: Jan 2020
Posts: 660
Re: Ms
This is your reliable source?
"the insurance company is entitled to re-claim the damages paid to the third partyfrom you, the policy holder."Of course they can claim, just as they can if a driver does not have a valid license, is negligent or under influence of drink or drugs.
As has been explained in more reliable sources, the claim would succeed only if and when the car is found to be defective and that fault contributed to the accident.
If the car was found to have a fault, e.g. bald tyres, the insurance company can and probably would make a successful claim even if that vehicle had a valid MOT
"Citizens Advice Bureau Spain, or CAB Spain, was conceived by Myra Cecilia Azzopardi. After almost twenty years engaged in helping the expatriate community through her involvement with town halls, the natural progression was to the setting up her business, the Costa Advice Bureau, giving Myra an even wider experience. She soon realised that there was a bona fide need for a source of free, impartial and, above all, accurate information and advice for expatriates living in Spain. The concept of CAB Spain was born."
"the insurance company is entitled to re-claim the damages paid to the third partyfrom you, the policy holder."
As has been explained in more reliable sources, the claim would succeed only if and when the car is found to be defective and that fault contributed to the accident.
If the car was found to have a fault, e.g. bald tyres, the insurance company can and probably would make a successful claim even if that vehicle had a valid MOT
Be careful with CAB it is not an official website as it likes to pretend. It does not have any affiliation with the UK government and should not be equated with the UK equivalent of Citizens Advice. They often are wrong on issues most noticeably with the Universal Healthcare bill.
Nov 28th 2020 | 9:36 pm
#36
Started off with nothing
Joined: Feb 2009
Posts: 4,987
Re: Ms
Be careful with CAB it is not an official website as it likes to pretend. It does not have any affiliation with the UK government and should not be equated with the UK equivalent of Citizens Advice. They often are wrong on issues most noticeably with the Universal Healthcare bill.
Nov 29th 2020 | 9:10 pm
#37
BE Forum Addict
Joined: Nov 2003
Posts: 1,195
From: Cartama, Malaga
Re: Ms
Be careful with CAB it is not an official website as it likes to pretend. It does not have any affiliation with the UK government and should not be equated with the UK equivalent of Citizens Advice. They often are wrong on issues most noticeably with the Universal Healthcare bill.
My point exactly. I am sure Myra Cecilia Azzopardi is well intentioned, but she is a paralegal not a qualified Abogado.
Nov 30th 2020 | 1:28 am
#38
Started off with nothing
Joined: Feb 2009
Posts: 4,987
Re: Ms
It is rather underhand to use the name Citizen's Advice BureauSpain and imitate the logo and format from Citizens Advice UK website. Many will be fooled into thinking it is run like National Association of Citizens Advice Bureaux. Registered charity number 279057. See here Citizens Advice
Dec 2nd 2020 | 7:56 pm
#39
BE Forum Addict
Joined: Nov 2003
Posts: 1,195
From: Cartama, Malaga
Re: Ms
It is rather underhand to use the name Citizen's Advice BureauSpain and imitate the logo and format from Citizens Advice UK website. Many will be fooled into thinking it is run like National Association of Citizens Advice Bureaux. Registered charity number 279057. See here Citizens Advice
