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



Driving a automobile with defective tools, comparable to bald tires or damaged headlights, can enhance your probabilities 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. In the event you don’t keep your vehicle accurately and have a wreck, your insurer might deny your declare, citing negligence.

KEY TAKEAWAYS

  • Vehicle upkeep is the duty of the automobile proprietor.
  • When policyholders fail to take care of their automobiles, insurers can deny accident claims.
  • Insurance coverage corporations can entry quite a few assets to find out the roadworthiness of your automobile earlier than the time whenever you filed your declare. 
  • You’ll be able to keep away from an insurance coverage declare denial by adequately sustaining your vehicle.

Why the Insurance coverage Firm Would possibly Deny Your Declare

Driving a automobile with bald, broken, or underinflated tires is harmful and may result in site visitors accidents. Defective tires could cause blow-outs, which may result in crashes. Based on the Nationwide Freeway Site 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 whenever 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 needed expense that goes hand in hand with vehicle possession. In the event you fail to maintain up with automobile upkeep, your insurance coverage firm may deny a declare if you’re 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 automobile,” stated Ted Olson, a vice chairman at Goosehead Insurance coverage.

“If the policyholder fails to take care of their automobile correctly, the insurer might have the correct to disclaim a declare. Driving with outdated or worn-out tires, for instance, might enhance your danger of accidents.”

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

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

“If an insurer can argue that neglect contributed to the accident, they may nicely deny your declare fully 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 as a result of poor repairs, Olson advised following these upkeep ideas:

  • Verify tire strain frequently, rotate tires in line with producer suggestions, and exchange tires when their treads seem worn.
  • Verify and refill brake, energy steering, transmission, and windshield wiper fluids on a daily schedule. Substitute fluids at intervals beneficial by your automobile’s producer.
  • Change engine oil frequently.
  • Continuously test your brake lights, headlights, taillights, and switch alerts and exchange those who don’t perform correctly.
  • Substitute worn wiper blades.
  • Substitute your automobile’s battery when charging points come up.
  • Substitute your automobile’s air filter frequently.
  • Preserve a checkup schedule with an expert auto mechanic.

Vital

Auto insurance coverage legal guidelines differ by state. Nonetheless, most states permit insurers to disclaim claims primarily based on poor automobile upkeep.

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

Insurance coverage corporations can use many assets 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 automobile pre-insurance inspection when buying a brand new coverage. Usually, the inspection will look at brakes, exhaust methods, headlights, suspension, and tires, amongst different automobile parts and elements.
  • Carfax experiences: These experiences can embrace your automobile’s mileage, harm historical past, and the situation of elements comparable to tires and windshields.
  • CLUE (Complete Loss Underwriting Change): Out there by way of LexisNexis, CLUE experiences monitor insurance coverage claims on private cars.
  • Upkeep experiences: Auto service facilities usually generate situation experiences when servicing your automobile.
  • Mechanical breakdown insurance coverage historical past: In the event you carry elective mechanical breakdown insurance coverage, your insurer might have entry to your vehicle’s inspection and restore data.
  • Pictures and movies: In the event you’ve not too long ago purchased a used automobile or have posted photographs or movies of your trip on social media, an insurance coverage firm might have entry to the pictures.

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

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

Tip

To keep away from a possible declare denial, maintain monitor of your automobile’s upkeep historical past, together with inspections, repairs, and routine companies comparable to oil modifications and tire replacements. Documenting your automobile’s upkeep historical past might assist safeguard towards a declare denial and guarantee a speedy settlement. Making a upkeep historical past can also provide help to keep a daily auto service schedule.

The Backside Line

In the event you personal a automobile, it’s your duty to take care of it in roadworthy situation. Broken or worn-out tools, comparable to bald tires or defective brakes, can result in a site visitors accident. In the event 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 expensive mistake by addressing your automobile’s upkeep wants as quickly as an issue arises and by documenting all upkeep work.

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