WOF grace period?

**Nasty** · 2nd October 2009, 15:40

Originally Posted by nivram

Just realized my WOF ran out on the 25th of last month, can't get it into the shop for a new one until late next week. Is there a WOF grace period, if I get pulled over?

If you don't have a WOF you are almost certain to not be covered by insurance.

You are in Welly .. go to a VTNZ and get one.

**yachtie10** · 2nd October 2009, 16:13

If you don't have a WOF you are almost certain to not be covered by insurance.

Is this true?
I would have thought that the bike (vehicle) would have to have to not comply with a WOF standard for insurance to deny a claim. Certainly been my experience. In fact I think they would have to show it contributed to the accident.
Note I am not saying they wont try it on but if you call them on it I think you would win

**nodrog:Me** · 2nd October 2009, 16:18

Originally Posted by yachtie10

Is this true?
I would have thought that the bike (vehicle) would have to have to not comply with a WOF standard for insurance to deny a claim. Certainly been my experience. In fact I think they would have to show it contributed to the accident.
Note I am not saying they wont try it on but if you call them on it I think you would win

how will the insurance company determine the bike was road worthy before the crash after they unwrap it from around a tree and put all the pieces in boxes?

**road king** · 2nd October 2009, 16:19

i got a ticket once for not being up to wof standard, even tho i had a current wof. it was $150

**yachtie10** · 2nd October 2009, 16:27

how will the insurance company determine the bike was road worthy before the crash after they unwrap it from around a tree and put all the pieces in boxes?

Huh?
what is your point (if they cant prove it what is the reason for denying the claim)
lets take an extreme example
you car is parked on the road and has no warrant. somebody then hits it. should the insurance company be able to deny the claim.?

**BMWST?** · 2nd October 2009, 16:41

Originally Posted by yachtie10

Huh?
what is your point (if they cant prove it what is the reason for denying the claim)
lets take an extreme example
you car is parked on the road and has no warrant. somebody then hits it. should the insurance company be able to deny the claim.?

damage while parked is different than an accident when not having a current WOF.There is no grace period for not having a Wof.The only reason for being on the raod without a wof is for the purpose of getting a wof....thats what the 28 days is for.I think the idea is you are on the way to the repairer or on the way to the wof station...

**steve_t** · 2nd October 2009, 16:53

You can get ticketed if your car is sitting on the roadside without a current WOF or Rego

My mate had a crash and his WOF was 4 days expired. Insurance claim was denied

**mossy1200** · 2nd October 2009, 16:54

Just talked to meter guy today as he was walking down our street.I asked him about warrents and they allow 28days expiry outside a private dwelling on warrent not rego but if you have it in town it is concluded that you have driven it(logic).Not sure if this is Wellington only though.

**StoneY** · 2nd October 2009, 16:57

Originally Posted by yachtie10

Is this true?
I would have thought that the bike (vehicle) would have to have to not comply with a WOF standard for insurance to deny a claim. Certainly been my experience. In fact I think they would have to show it contributed to the accident.
Note I am not saying they wont try it on but if you call them on it I think you would win

Of COURSE its true mate, and call them on it all you like youll lose, even in court
Try process a claim on a vehicle that had no WOF or Reg- your immediately deemed in the wrong for either factor regardless of the crash circumstances

I been there, I tail ended a guy when I wasnt looking, sadly for him he had no Reg....I never paid a cent and he had to repair MY car even though I hit him from behind, and he was wof'd but 2 weeks out of reg!

Its a condition of using a vehicle on the road- WOF and Rego. (unless your a bicycle or a horse buggy)
Only exception is driving TO the WOF issuing authority, and if you fail your covered to drive HOME from said test and I aimnt even sure thats a legal standing, but is accepted widely as the understanding by cops and garages at least

As it is they tightened it down by making it impossible to get Rego with no current WOF because so many Kiwi's bullshited the cop that "im on way to garage for WOF, see its got a reg officer" (did it myself for a while lol)

**Drew** · 2nd October 2009, 17:06

Originally Posted by steve_t

I believe this is correct. If you are booked in to get the WOF somewhere within a reasonable time of the WOF expiring, you're OK. If you fail, you've got 28 days to sort it out so I'd imagine a 'reasonable' period is going to be no more than that

You are not allowed to operate a vehicle without a current WOF, except for the purpose of work to be carried out for, or getting said WOF.

There is no grace period, and ignorance is no defence for anything in our legal system.

Ya will sometimes get let off, but dont expect it.

**sleemanj** · 2nd October 2009, 19:01

Originally Posted by StoneY

I been there, I tail ended a guy when I wasnt looking, sadly for him he had no Reg....I never paid a cent and he had to repair MY car even though I hit him from behind, and he was wof'd but 2 weeks out of reg!

An insurer does not necessarily refuse your claim simply on the basis "you didn't have a WOF (or reg)" (well they probably will try to do so, as insurers are inclined to do, but it's not generally a good enough reason).

If there was something wrong with the vehicle in front, which prevented it getting a WOF, and it was a contributing factor (eg, brake lights), then they could have refused him cover and he could have been liable. Otherwise, he got screwed and should have refused to pay a cent to you/your insurers without a court order.

Surprisingly it's a bit hard to find a written reference to put it in black and white for you, in fact Google isn't showing much case of refusal either, but here is a
document from the Citizens Advice Bureau
which states

Having an unsafe vehicle
If your vehicle is unsafe or doesn’t have a current Warrant of Fitness, you will probably lose your
insurance cover. But again, the test is whether the particular defect caused or contributed to the
accident. Also, if your vehicle is in warrantable condition but you simply forgot to renew your
warrant, you may still be covered if you have an accident.

Naturally, the wording of your policy should form the basis of any individual case, and it's best to avoid the problem in the first place (do as I say, not as I do).

**sleemanj** · 2nd October 2009, 19:08

Also here's an except from an AA insurance policy document, my emphasis

We may reduce a benefit or provide no benefit at all if, at the time
of the loss or damage, the vehicle was:
unsafe or did not have a current Warrant of Fitness, or would not
have passed a Warrant of Fitness check immediately prior to the
loss or damage, or an attached trailer or caravan was unsafe or
did not have a current Warrant of Fitness and you or a person
using the vehicle knew or should have known this

So it's fairly clear that the intention there is that if the claim is the result of a warrant-voiding issue, even if warranted, that it could be declined, and the inference there is that simply not-having-a-warrant is an insufficient issue to cause a total voiding of your insurance if your vehicle is/was actually warrantable at the time.

Naturally. PLEAD IGNORANCE. "No Mr Insurance person, I didn't realise it had run out of warrant.", this would be the natural thing for most people, because most people do get a warrant as soon as they realise it's run out, while lots of people do miss that it has run out for a month or so, it's easy done. Hence why insurers have to cut you some leeway there or there would be an almighty uproar.

**Pedrostt500** · 2nd October 2009, 20:01

Ok havn't read all the responces, WOF exspired is WOF exspired. A WOF is only to say that, that vechicle was up to a standard at the time of testing, you can be prosecuted for having a vechicle not up to WOF standard, even though you have a current sticker on the vechicle, ie bald tyres, lights not working etc. What cofuses alot of people is that the WOF Inspection Sheet, has a 28 day lee way for the vechicle to be retested on those items that it has faild it inspection on, this is not an extention on the WOF it's self, once the 28 day inspection period has run out you have to pay for a new inspection and are required to go through a full WOF inspection again.

**Pedrostt500** · 2nd October 2009, 20:05

Originally Posted by nodrog

how will the insurance company determine the bike was road worthy before the crash after they unwrap it from around a tree and put all the pieces in boxes?

If they can peice a 747 back together to figure out what went wrong, then it aint hard to do the same to a bike.