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

Driving a automobile with defective tools, reminiscent of bald tires or damaged headlights, can improve your possibilities of inflicting a site visitors accident. Insurance coverage corporations can discover out what situation your automobile was in earlier than an accident by consulting a number of sources. If you happen to don’t preserve your vehicle accurately and have a wreck, your insurer could deny your declare, citing negligence.

Why the Insurance coverage Firm May Deny Your Declare

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

Automobile upkeep is a crucial expense that goes hand in hand with vehicle possession. If you happen to fail to maintain up with automobile upkeep, your insurance coverage firm would possibly deny a declare in case you are concerned in a site visitors accident.

“As a result of an insurance coverage coverage primarily 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 take care of their car correctly, the insurer could have the correct 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 Driving with outdated or worn-out tires, for instance, could improve your threat of accidents.”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 may end up in brake failure. Low oil ranges may cause your car’s engine to overheat and probably shut down on the street. Damaged or malfunctioning headlights or flip alerts could make your automobile much less seen, rising the chance of collision with one other driver’s automobile. Previous wiper blades can lower your potential to see the street throughout a rainstorm.

“Insurance coverage corporations take car upkeep very significantly, and plenty of insurance policies embrace upkeep clauses that require you to maintain your automobile 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 completely or cut back the quantity they’re prepared to pay. From their perspective, the accident may have been prevented with correct repairs.”

To maintain your automobile in tip-top form and keep away from an insurance coverage declare denial resulting from poor repairs, Olson advised following these upkeep suggestions:

• Test tire stress frequently, rotate tires in response to producer suggestions, and substitute tires when their treads seem worn.
• Test and refill brake, energy steering, transmission, and windshield wiper fluids on an everyday schedule. Change fluids at intervals really useful by your automobile’s producer.
• Change engine oil frequently.
• Often test your brake lights, headlights, taillights, and switch alerts and substitute people who don’t perform correctly.
• Change worn wiper blades.
• Change your automobile’s battery when charging points come up.
• Change your car’s air filter frequently.
• Preserve 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 automobile 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 techniques, headlights, suspension, and tires, amongst different car elements and components.
• Carfax experiences: These experiences can embrace your automobile’s mileage, injury historical past, and the situation of components reminiscent of tires and windshields.
• CLUE (Complete Loss Underwriting Trade): Out there via LexisNexis, CLUE experiences observe insurance coverage claims on private vehicles.
• Upkeep experiences: Auto service facilities usually generate situation experiences when servicing your automobile.
• Mechanical breakdown insurance coverage historical past: If you happen to carry elective mechanical breakdown insurance coverage, your insurer could have entry to your vehicle’s inspection and restore data.
• Images and movies: If you happen to’ve just lately purchased a used automobile or have posted pictures or movies of your experience on social media, an insurance coverage firm could have entry to the photographs.

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

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

The Backside Line

If you happen to personal a automobile, it’s your accountability to take care of it in roadworthy situation. Broken or worn-out tools, reminiscent of bald tires or defective brakes, can result in a site visitors accident. If you happen to’re concerned in a crash, and the insurance coverage firm determines that negligent upkeep performed a task, it might probably deny your insurance coverage declare. You possibly can keep away from this expensive mistake by addressing your car’s upkeep wants as quickly as an issue arises and by documenting all upkeep work.