My Mechanic Instructed Me to Get New Tires, however I Didn’t. Can My Accident Declare Be Denied?

Driving a automotive with defective gear, reminiscent of bald tires or damaged headlights, can improve your probabilities of inflicting a visitors accident. Insurance coverage corporations can discover out what situation your automotive was in earlier than an accident by consulting a number of sources. When you don’t keep your car accurately and have a wreck, your insurer could deny your declare, citing negligence.

Why the Insurance coverage Firm Would possibly Deny Your Declare

Driving a car with bald, broken, or underinflated tires is harmful and may result in visitors accidents. Defective tires may cause blow-outs, which might result in crashes. In accordance with the Nationwide Freeway Visitors Security Administration, tire-related visitors accidents alone account for nearly 11,000 crashes annually, leading to greater than 600 fatalities. If a blow-out happens if you’re touring at a excessive pace, you might lose management of the automotive, threatening the lives of you, your passengers, and different motorists. 

Automobile upkeep is a needed expense that goes hand in hand with car possession. When you fail to maintain up with automotive upkeep, your insurance coverage firm may deny a declare if you’re concerned in a visitors accident.

“As a result of an insurance coverage coverage basically acts like a contract between the insurance coverage firm and the policyholder, the policyholder has sure duties, which embrace sustaining their car,” mentioned Ted Olson, a vice chairman at Goosehead Insurance coverage.

“If the policyholder fails to keep up their car correctly, the insurer could have the suitable to disclaim a declare. Driving with outdated or worn-out tires, for instance, could improve your threat of accidents.”

However defective tires are only one maintenance-related downside that may result in an accident. Worn out brake pads can lead to brake failure. Low oil ranges may cause your car’s engine to overheat and probably shut down on the highway. Damaged or malfunctioning headlights or flip indicators could make your automotive much less seen, rising the chance of collision with one other driver’s automotive. Outdated wiper blades can lower your potential to see the highway throughout a rainstorm.

“Insurance coverage corporations take car upkeep very severely, and plenty of insurance policies embrace upkeep clauses that require you to maintain your automotive in protected working order,” mentioned Brad W. Huffman, legal professional and senior companion at Huffman & Huffman in Newport Information, Virginia.

“If an insurer can argue that neglect contributed to the accident, they may nicely deny your declare totally or scale back the quantity they’re prepared to pay. From their perspective, the accident might have been prevented with correct repairs.”

To maintain your automotive in tip-top form and keep away from an insurance coverage declare denial as a consequence of poor repairs, Olson urged following these upkeep ideas:

• Verify tire stress repeatedly, rotate tires in response to producer suggestions, and substitute tires when their treads seem worn.
• Verify and refill brake, energy steering, transmission, and windshield wiper fluids on a daily schedule. Exchange fluids at intervals really helpful by your automotive’s producer.
• Change engine oil repeatedly.
• Steadily verify your brake lights, headlights, taillights, and switch indicators and substitute people who don’t perform correctly.
• Exchange worn wiper blades.
• Exchange your automotive’s battery when charging points come up.
• Exchange your car’s air filter repeatedly.
• Keep a checkup schedule with an expert auto mechanic.

How the Insurance coverage Firm Is aware of What Form Your Automobile Was In Earlier than the Wreck

Insurance coverage corporations can use many sources to find out the situation of your automotive earlier than you filed a declare.

• Auto inspections: Some state insurance coverage legal guidelines and insurers require you to undergo a car pre-insurance inspection when buying a brand new coverage. Usually, the inspection will look at brakes, exhaust methods, headlights, suspension, and tires, amongst different car elements and elements.
• Carfax reviews: These reviews can embrace your automotive’s mileage, harm historical past, and the situation of elements reminiscent of tires and windshields.
• CLUE (Complete Loss Underwriting Alternate): Obtainable by means of LexisNexis, CLUE reviews observe insurance coverage claims on private cars.
• Upkeep reviews: Auto service facilities usually generate situation reviews when servicing your automotive.
• Mechanical breakdown insurance coverage historical past: When you carry optionally available mechanical breakdown insurance coverage, your insurer could have entry to your car’s inspection and restore data.
• Photographs and movies: When you’ve not too long ago purchased a used automotive or have posted pictures or movies of your experience on social media, an insurance coverage firm could have entry to the photographs.

“Police reviews will usually embrace notes on seen points like bald tires or damaged lights,” Huffman mentioned.

“Claims adjusters conduct thorough inspections of the car, and so they could verify service data or Carfax reviews to see if routine upkeep was uncared for. In some circumstances, pictures from the accident scene make it straightforward to identify issues like a blown tire or uneven tread, which might level to poor repairs.”

The Backside Line

When you personal a automotive, it’s your duty to keep up it in roadworthy situation. Broken or worn-out gear, reminiscent of bald tires or defective brakes, can result in a visitors accident. When you’re concerned in a crash, and the insurance coverage firm determines that negligent upkeep performed a job, it might deny your insurance coverage declare. You’ll be able to keep away from this pricey mistake by addressing your car’s upkeep wants as quickly as an issue arises and by documenting all upkeep work.