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What's the law on buying a used car ?

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Old 25 September 2016, 06:13 PM
  #61  
hodgy0_2
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Originally Posted by neil-h
That's how it works in theory. In practice it takes a couple of days for the paper work to get to the DVLA (assuming posted on the day if sale). So you've got atleast a couple of days grace where the car will still show as taxed with the previous owner and that's without getting into how long it takes the DVLA to update their records.

Though of course everything I've just said does assume no one actually bothers to check, I.e. You won't flag up on ANPR. A police vehicle check maybe a little more awkward.
yeah, that's what I sort of thought
Old 25 September 2016, 06:18 PM
  #62  
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Originally Posted by donny andi
Old bill do nothing with no tax.
Dvla only
yes I suspect they simply use it as a "gateway" offence to see what else you are doing wrong etc

and if nothing is out of the ordinary - as in my case, worst case they would simply say "we will report you to the DVLA - and by which time I would have taxed the car


I suspect in most cases they would simply say "tax it when you get home"
Old 26 September 2016, 07:26 AM
  #63  
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Originally Posted by hodgy0_2
Ok, let me clarify my post

I bought a car (privately) a couple of months ago - it was the first car I have bought since the new VED rules came in

I don't really buy cars that often - roughly one every 10 years

I was under the impression that as soon as I concluded the paper/financial work at the sellers house (@ 8.00pm on a Thursday night) because the VED is NON transferable the car is not taxed at that point

so it's quite late - I have my wife and one of my twins with me, we are in Milton Keynes and keen to drive back home, myself in the new car and my wife in a second car (approx. 70 mins)

I simply could not be arsed to start farting about taxing it - so we drove home

woke up next morning and taxed it online

I suppose technically I could have been stopped - in which case I would have explained the situation very very politely
Personally for the sake of 10 minutes, if that I'd still do it, but it appears the worst case realistically is a fine.

If your vehicle is found to have no tax, an officer may issue you a Fixed Penalty Notice (FPN). If there is not valid tax for the vehicle determined by the officer contacting the DVLA, the officer has the power to seize the vehicle and have it impounded.
Originally Posted by 1509joe
99% sure your insured if not taxed but not insured if no MOT.
Originally Posted by hodgy0_2
yea I would be surprised if no tax invalidates your insurance
It seems you are both correct

If a car has no road tax then insurers are still obliged to pay out for all claims. Despite committing an offence by not having tax, this is irrelevant to the accident and the insurer. A car can legally be on the road without tax if it's going to a pre-booked MOT test - during which the insurance is not invalidated.
Old 26 September 2016, 12:52 PM
  #64  
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Originally Posted by stilover
You have to have both Tax and insurance to drive it straight away.

No Tax, and you are theoretically uninsured, and should you have an accident while without tax, the insurance company will just walk away.
I don't think that's correct, the tax bit anyway, I'd be more concerned about not having a valid MOT (if required) and more importantly the road worthiness of a vehicle than anything else, as you could well have a valid MOT but be driving around on four bald tyres.

Last edited by ^Qwerty^; 26 September 2016 at 12:55 PM.
Old 26 September 2016, 02:53 PM
  #65  
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Originally Posted by ^Qwerty^
I don't think that's correct, the tax bit anyway, I'd be more concerned about not having a valid MOT (if required) and more importantly the road worthiness of a vehicle than anything else, as you could well have a valid MOT but be driving around on four bald tyres.
It is a requirement that you hold valid tax on your vehicle to be legally allowed to drive it on the queens highway.

Given that an insurance company will look for any excuse not to pay out a premium should you have an accident. Don't you think finding out you hadn't taxed the vehicle, give them the perfect excuse not to pay out?

Without valid tax, you shouldn't be on the road in the first place, thus not having the accident. Insurance VOID !!!

Good luck to anyone who wishes to test this out as untrue.
Old 26 September 2016, 06:22 PM
  #66  
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Originally Posted by stilover
It is a requirement that you hold valid tax on your vehicle to be legally allowed to drive it on the queens highway.

Given that an insurance company will look for any excuse not to pay out a premium should you have an accident. Don't you think finding out you hadn't taxed the vehicle, give them the perfect excuse not to pay out?

Without valid tax, you shouldn't be on the road in the first place, thus not having the accident. Insurance VOID !!!

Good luck to anyone who wishes to test this out as untrue.
legally

If a car has no road tax then insurers are still obliged to pay out for all claims. Despite committing an offence by not having tax, this is irrelevant to the accident and the insurer. A car can legally be on the road without tax if it's going to a pre-booked MOT test - during which the insurance is not invalidated.
Old 27 September 2016, 02:03 PM
  #67  
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Originally Posted by stilover
It is a requirement that you hold valid tax on your vehicle to be legally allowed to drive it on the queens highway.

Given that an insurance company will look for any excuse not to pay out a premium should you have an accident. Don't you think finding out you hadn't taxed the vehicle, give them the perfect excuse not to pay out?

Without valid tax, you shouldn't be on the road in the first place, thus not having the accident. Insurance VOID !!!

Good luck to anyone who wishes to test this out as untrue.
Is this your assumption or have you obtained this information from a credible source?


From my limited knowledge of motoring law your insurance is not voided without tax. In Kent, at least, the police would report an untaxed vehicle to the LA and leave it on the road. If the car came back as uninsured it would be removed there and then. If no road tax meant no insurance you would expect cars with no road tax to be removed also.
Old 27 September 2016, 02:55 PM
  #68  
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Originally Posted by stilover
It is a requirement that you hold valid tax on your vehicle to be legally allowed to drive it on the queens highway.

Given that an insurance company will look for any excuse not to pay out a premium should you have an accident. Don't you think finding out you hadn't taxed the vehicle, give them the perfect excuse not to pay out?

Without valid tax, you shouldn't be on the road in the first place, thus not having the accident. Insurance VOID !!!

Good luck to anyone who wishes to test this out as untrue.
This is categorically incorrect no tax will not invalidate your insurance policy please get your facts right before posting your unsubstantiated and incorrect opinions.

Insurers will also meet a claim where the PH has no tax there are no grounds for repudiation due to no tax.

Last edited by wilkoca; 27 September 2016 at 02:58 PM.
Old 27 September 2016, 05:06 PM
  #69  
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I'm inclined to agree now to the last few posts, it makes sense.
I see loads of cars clamped by the dvla on roadsides (must be no tax and pay fine to get released and pay tax) if said car didn't have insurance then it wouldn't be there on the roadside and be impounded by police, so all these clamps on roads means it is ok to be insured without having tax and not getting car impounded.

Learn everyday, I thought it was un insured when without tax, but no.
Old 28 September 2016, 06:48 AM
  #70  
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Old 28 September 2016, 11:12 AM
  #71  
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Originally Posted by bustaMOVEs
I'm inclined to agree now to the last few posts, it makes sense.
I see loads of cars clamped by the dvla on roadsides (must be no tax and pay fine to get released and pay tax) if said car didn't have insurance then it wouldn't be there on the roadside and be impounded by police, so all these clamps on roads means it is ok to be insured without having tax and not getting car impounded.

Learn everyday, I thought it was un insured when without tax, but no.
Just to be clear. I've said having no TAX could well give your insurance company the excuse they need to not pay out should you have an accident. Considering, they check every aspect of a car to establish whether or not they have to pay up, why give them a reason?

You should have TAX to drive on the road. Without Tax, you shouldn't have been on the road, and therefore wouldn't have had an accident.

As per my previous post, Please feel free for someone to test this out.
Old 28 September 2016, 11:39 AM
  #72  
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I agreed at first with you tbh but as been said, insurance have nothing to do with dvla as thats a private company that you pay to use public highways.
If your car got stolen overnight and car had no tax, you would still be covered and if you had an accident then you'd still be covered but the police would probably report you to dvla, but youd get a letter/visit from dvla anyway depending how ling the tax had expired as you have to enter sorn or retax when expired.
An mot I think is compulsory to keep the insurance valid
Old 28 September 2016, 12:13 PM
  #73  
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Originally Posted by bustaMOVEs
I agreed at first with you tbh but as been said, insurance have nothing to do with dvla as thats a private company that you pay to use public highways.
If your car got stolen overnight and car had no tax, you would still be covered and if you had an accident then you'd still be covered but the police would probably report you to dvla, but youd get a letter/visit from dvla anyway depending how ling the tax had expired as you have to enter sorn or retax when expired.
An mot I think is compulsory to keep the insurance valid
IS CAR INSURANCE VALID WITHOUT ROAD TAX?
Generally speaking, if a car is driven without any valid road tax, car insurers are still obliged to honour and pay for any claims made for the vehicle. Although driving without tax is an offence, it is irrelevant in most cases to what is stated as being a prerequisite for insurance cover.

Car insurance contracts stipulate that a vehicle must be in a roadworthy condition and as such, driving without tax, which is a Vehicle Excise Duty bears no relevance to the roadworthiness of a vehicle.

In the event of an accident however, a car insurance provider may use whatever means they have to avoid paying for a claim. In such cases, the contract clause will not usually state such terms directly and advice should be sought from a legal representative.



Like I said, they could use it as an excuse to avoid paying up.

Please feel free to test it out.
Old 28 September 2016, 01:21 PM
  #74  
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Originally Posted by stilover
IS CAR INSURANCE VALID WITHOUT ROAD TAX?
Generally speaking, if a car is driven without any valid road tax, car insurers are still obliged to honour and pay for any claims made for the vehicle. Although driving without tax is an offence, it is irrelevant in most cases to what is stated as being a prerequisite for insurance cover.

Car insurance contracts stipulate that a vehicle must be in a roadworthy condition and as such, driving without tax, which is a Vehicle Excise Duty bears no relevance to the roadworthiness of a vehicle.

In the event of an accident however, a car insurance provider may use whatever means they have to avoid paying for a claim. In such cases, the contract clause will not usually state such terms directly and advice should be sought from a legal representative.



Like I said, they could use it as an excuse to avoid paying up.

Please feel free to test it out.
Getting a little long winded this. Just admit that you were wrong and leave it at that. No harm done its not as if your going to get jailed for it
Old 28 September 2016, 01:30 PM
  #75  
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Originally Posted by 1509joe
Getting a little long winded this. Just admit that you were wrong and leave it at that. No harm done its not as if your going to get jailed for it
But I'm not wrong. They could use it as an excuse.

Just like sticking winter tyres on your car could (an some do) give them an excuse not to pay out. A tyre is a tyre, right?

Last edited by stilover; 28 September 2016 at 01:34 PM.
Old 28 September 2016, 02:05 PM
  #76  
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but by that token they "could" refuse for a 101 different reasons

so it is just stating the obvious - isn't it?
Old 28 September 2016, 05:34 PM
  #77  
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Originally Posted by stilover
But I'm not wrong. They could use it as an excuse.

Just like sticking winter tyres on your car could (an some do) give them an excuse not to pay out. A tyre is a tyre, right?
Hmm....

Originally Posted by stilover
Without valid tax, you shouldn't be on the road in the first place, thus not having the accident. Insurance VOID !!!
"Insurance Void" is, how does one put it..... ah yes......wrong
Old 28 September 2016, 06:00 PM
  #78  
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Lol, ive happily admitted i was wrong also, as they say, every day is a learning day.
Old 28 September 2016, 07:03 PM
  #79  
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Originally Posted by stilover
But I'm not wrong. They could use it as an excuse.

Just like sticking winter tyres on your car could (an some do) give them an excuse not to pay out. A tyre is a tyre, right?
Still at I see give over fella
Old 28 September 2016, 08:07 PM
  #80  
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Originally Posted by 1509joe
Still at I see give over fella
ISWYDT
Old 28 September 2016, 11:08 PM
  #81  
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Originally Posted by stilover
But I'm not wrong. They could use it as an excuse.

Just like sticking winter tyres on your car could (an some do) give them an excuse not to pay out. A tyre is a tyre, right?
The tyre excuse comes about from insurers arguing that you have changed the original spec of the car, i.e. they may, in some way, have an adverse affect on the safety and integrity of the car. This may be deemed to be a contributing factor in the event of an accident.

Please explain how an insurance company can use the lack of road tax, which is nothing more than an excise duty, as a reason not to pay out. Even if an insurance company tried to include it in their terms an conditions ICOBS would ensure that this could not be used as the sole reason to invalidate you insurance.
Old 29 September 2016, 11:26 AM
  #82  
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Originally Posted by stilover
But I'm not wrong. They could use it as an excuse.

Just like sticking winter tyres on your car could (an some do) give them an excuse not to pay out. A tyre is a tyre, right?
You are wrong I've worked in the motor insurance industry for over 20 years as an
underwriter, broker, claims manager I'm now operations manager for one of the Uk's largest insurer's.

I have never experienced a repudiation due to no tax or winter tyres - from what experience have you based this opinion?

The insurance industry is as highly regulated as the banks, insurers don't simply try "get out of paying" they need to have a valid and concrete reason to repudiate as the FCA will always side with the customer.

Out of interest I mentioned this thread to a senior motor underwriter today when I asked whether he would throw a claim out due to the above he laughed and said "of course not"

I await you providing something credible to substantiate you"theory's"
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