A SOUPED-up car involved in a fatal smash in Hadleigh was not covered by insurance because its owner kept quiet about its modifications – a judge has ruled.

The Vauxhall Corsa – bought on eBay for £770 – had lowered suspension, alloy wheels, an air vent in the bonnet and other eye-catching additions.

But when its owner Anne Bissmire insured it online, she ticked the box saying it had not been modified, London's High Court heard.

Mrs Bissmire’s son, Daniel, 23, from Catford, London, was at the wheel of the Corsa when it crashed in London Road, Hadleigh, on October 22, 2006.

Passenger in the car, Charlie Morris, 26, from Lewisham, south London, was killed when he was flung from the car’s window on to the Victoria House Corner roundabout.

Daniel Bissmire was also injured in the smash. He was later convicted of causing death by dangerous driving and sentenced to four years in a young offenders institution.

The court heard how Mrs Bissmire, also of Catford, South London, had taken out an online policy with Diamond Insurance to cover the Corsa – which had also been fitted with a body styling kit – after it was bought on eBay. Her her son was put down as a named driver.

However when asked whether the car had any modifications, she responded that it had “not".

After a brief hearing, at which Mrs Bissmire was neither present, nor represented, Mr Justice Cooke agreed material facts had not been disclosed on the insurance proposal form.

Diamond Insurance, he formally declared, was therefore entitled to “void” the policy.

He said: “There cannot be the slightest doubt as to materiality as this Corsa was declared not to have been modified in any way, shape or form.”

The ruling means substantial damages claims now likely to be made by Mr Morris’ loved ones can only be launched against the Motor Insurers Bureau, the industry body that compensates victims of uninsured drivers.