Accident with substandard tyres, insurance company refusing cover. Options?

unstacked

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84
Hi, my husband was driving my car last week and rear ended another car. He went to brake and his foot slipped off the pedal and he didnt have time to recover -so went into the cars rear.
My car was a write off. Husband was a name driver on my policy. He did not have a policy in his own name as it had lapsed. Car in front was a 04 and was also written off.
Last Friday I agreed for 4760 for my car with the assessor in Aviva ( my car was a 08 A4).

I did not know that 3 of my tyres were under the limit. And this morning when I rang up to see about how long my cheque would be - I was told that the whole matter is in question now as they are looking at not paying out at all because of the tyres... and if there are any third party damages they will be against me.

I dont have any money to replace my car and need the insurance money...is there anything I can do?
 

Leo

Moderator
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10,386
I've edited your thread title to summarise the issue at hand.

If your insurance company refuse cover, then you will be out of pocket to the tune of your own car and potentially all the other party's costs also. They may have an appeals process for such circumstances, but most policies do call out that your cover is null and void if you fail to maintain your car in a roadworthy, and fully compliant manner.
 

unstacked

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84
Last Friday they had reduced what they were giving me for my car by €240.00 for the tyres.
Now today its changed and there is no taking into account that my husband might have been too close to the car, didnt even brake because it slipped etc. I always thought that the insurance was meant to have your best interests at heart
 

unstacked

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Thats just it no one knows how fast he was driving ( he drives up the back of cars all the time ) and drives too fast. The one time he has a crash that is his fault its in my car. You are meant to keep a safe distance from the car in front to allow you to slow down or stop. He wasn't able to stop because his shoes were wet and they slipped off the pedal. Should any of this be taken into account AND before you say it - yes I now know the tyres were not good.
 

unstacked

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Whats wrong with saying my husband is a dangerous driver?
I had reached an agreement for a settlement figure last Friday with the Aviva assessor
My husband did not use the brake in the accident
The tyre dept did not contribute to the accident
 

ClubMan

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43,870
If you are not satisfied with the insurance company's handling of this claim then complain to them about it and ultimately get a final response letter from them then you can go to the Financial Services Ombudsman and make a complaint to them.

https://www.fspo.ie/

But, honestly, I'm sorry to say that I doubt that you have a leg to stand on there from what you've posted.
 

MrEarl

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1,740
Hello,

It might be interesting to see when the last NCT was done on the car, and if that identified the tyres as needing to be replaced.
 

Jim2007

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2,105
Whats wrong with saying my husband is a dangerous driver?
I had reached an agreement for a settlement figure last Friday with the Aviva assessor
My husband did not use the brake in the accident
The tyre dept did not contribute to the accident
You are missing the point, in order to be insured in the first place you are required to keep your car in a road worthy condition. You did not do so and consequently they are arguing that you were not insured at the time of the accident. It does not matter what happened at the accident, they are simply claimant you were not insured.
 

unstacked

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I certainly wouldn't drive with wet soles...would dry them on car mat before setting off...maybe Im.just a careful driver
 

noproblem

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Thats just it no one knows how fast he was driving ( he drives up the back of cars all the time ) and drives too fast. The one time he has a crash that is his fault its in my car. You are meant to keep a safe distance from the car in front to allow you to slow down or stop. He wasn't able to stop because his shoes were wet and they slipped off the pedal. Should any of this be taken into account AND before you say it - yes I now know the tyres were not good.
I'd advise you to never give evidence in court if you're trying to help anyone.
 

unstacked

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84
Maybe I should play Stand by your Man

Point is they settled and agreed a figure last week for the car.
 

SBarrett

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3,167
I'm trying to figure out what you are trying to achieve? Your husband is insured under your policy, so when he was in an accident, he is covered too, so has a right to make a claim. As the owner of the car, you are responsible for the safe upkeep of the car. While it may not have been the cause of the accident in this case, it could have been in another instance. You could have also received penalty points and a fine if stopped by the gardai. If you are annoyed at your husband for crashing your car, just don't let him drive the next one and let him get the bus or walk.
 

Leo

Moderator
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10,386
Point is they settled and agreed a figure last week for the car.
The assessor would just have agreed the write off value of your car, that is not the same as an agreement to pay you that sum. The assessor rarely if ever has the authority to finalise a settlement. Had they actually settled, you would have had the cheque in your hand. Unfortunately for you, they are entitled to factor in all information they receive until the case is closed out.
 

ClubMan

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43,870
If you are not satisfied with the insurance company's handling of this claim then complain to them about it and ultimately get a final response letter from them then you can go to the Financial Services Ombudsman and make a complaint to them.

https://www.fspo.ie/

But, honestly, I'm sorry to say that I doubt that you have a leg to stand on there from what you've posted.
Just skimmed my own (Liberty) policy booklet and it has this section which, I imagine, is common to most or all policies (even if the punctuation is a bit odd here!):

Disputes between you and us

You may refer any dispute between you and us about our liability for a claim or the amount to be paid to an arbitrator we both agree to, within nine months of the dispute arising.
It also has a "Duty of care" section which, I think, was mentioned by somebody earlier and which, among other things, says...

You or any insured person must ...

... make sure that the vehicle is kept in a roadworthy condition ...
I know that you seem to be arguing that the bald tyres in this case are irrelevant to the accident because the accident was caused by other factors (your husband's bad driving and the fact that his foot slipped off the brake pedal thus resulting in the brakes NOT engaging) but I'm not sure how much ice this will cut with the insurer.

Ultimately if you feel that you are not getting treated fairly then I have outlined two ways that you can pursue the matter.

Hope this helps.
 
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