My Mechanic Told Me to Get New Tires, but I Didn’t. Can My Accident Claim Be Denied? | Global News Avenue

Driving a car with defective equipment, such as worn tires or damaged headlights, may increase the chance of a traffic accident. Insurance companies can consult several sources to find out what the condition of your car was before the accident. If you do not maintain your car properly and are involved in an accident, your insurance company may deny your claim due to negligence.

Why an insurance company may deny your claim

Driving a vehicle with worn, damaged or under-inflated tires is dangerous and can result in a traffic accident. Defective tires can cause a blowout, resulting in a crash. According to the National Highway Traffic Safety Administration, tire-related traffic accidents alone cause nearly 11,000 accidents each year, resulting in more than 600 deaths. If you’re driving at high speed and a blowout occurs, you could lose control of your car, threatening the lives of you, your passengers, and other motorists.

Car maintenance is a necessary expense that goes hand in hand with owning a car. If you fail to maintain your car on time and you are involved in an accident, your insurance company may deny your claim.

“Because an insurance policy is essentially a contract between the insurance company and the policyholder, the policyholder has certain responsibilities, including maintaining its vehicle.”

“Insurers may be entitled to deny claims if the policyholder fails to properly maintain the vehicle. For example, driving on old or worn tires may increase the risk of an accident.”

But defective tires are just one of the maintenance-related issues that can lead to accidents. Worn brake pads can cause brake failure. Low oil levels can cause your vehicle’s engine to overheat and potentially shut down on the road. Damaged or malfunctioning headlights or turn signals can make your car less visible, increasing the risk of a collision with another driver’s car. Old wiper blades can reduce your ability to see the road clearly during heavy rainstorms.

“Insurance companies take vehicle maintenance very seriously, and many policies include maintenance provisions that require you to keep your car in safe working condition,” said Brad W. Huffman, attorney and senior partner at Huffman & Huffman in Newport News, Virginia. Brad W. Huffman) said.

“If an insurance company can argue that negligence caused the accident, they are likely to deny your claim entirely or reduce the amount they are willing to pay. From their perspective, with proper maintenance, the accident was avoidable.”

To keep your car in tip-top shape and avoid having your insurance claim denied due to improper maintenance, Olson recommends following these maintenance tips:

• Check tire pressure regularly, rotate tires according to the manufacturer’s recommendations, and replace tires when tread wear occurs.
• Check and replenish brake fluid, power steering fluid, transmission fluid and windshield wiper fluid regularly. Change fluids at intervals recommended by your vehicle manufacturer.
• Change engine oil regularly.
• Check your brake lights, headlights, taillights and turn signals frequently and replace those that are not working properly.
• Replace worn wiper blades.
• Replace your car battery when charging issues occur.
• Change your vehicle’s air filter regularly.
• Keep an inspection schedule with a professional auto mechanic.

How an insurance company knows the shape your car was in before a crash

There are many resources that insurance companies can use to determine the condition of your car before you file a claim.

• car inspection: Some state insurance laws and insurance companies require you to undergo a vehicle pre-insurance inspection when purchasing a new policy. Typically, an inspection will check the brakes, exhaust system, headlights, suspension, and tires, among other vehicle components.
• Carfax reports: These reports can include your car’s mileage, damage history, and the condition of components like tires and windshield.
• CLUE (Comprehensive Loss Underwriting Exchange): CLUE reports, available through LexisNexis, track personal auto insurance claims.
• maintenance report: Car service centers typically generate condition reports when servicing your car.
• Mechanical breakdown insurance history: If you carry the optional Mechanical breakdown insuranceyour insurance company may have access to your car’s inspection and repair records.
• Photos and videos: If you recently purchased a used car or posted photos or videos of your ride on social media, insurance companies may have access to those images.

“Police reports will often include notes on visible issues such as worn tires or damaged lights,” Hoffman said.

“The claims adjuster will conduct a thorough inspection of the vehicle, and they may check service records or Carfax reports to see if routine maintenance has been neglected. In some cases, photos of the accident scene can easily reveal a blown tire or uneven tread. etc., which may indicate poor maintenance.”

bottom line

If you own a car, you are responsible for keeping it in roadworthy condition. Damaged or worn equipment, such as worn tires or faulty brakes, can cause traffic accidents. If you are involved in a car accident and the insurance company determines that negligent maintenance played a role, your insurance claim can be denied. You can avoid this costly mistake by addressing your vehicle’s maintenance needs as soon as problems arise and documenting all maintenance work.