Motor Quinn Direct problems

J

john terry

Guest
I'm insured with Quinn Direct (fully comprehensive). I was recently involved in a road traffic accident where I skidded on ice causing me to crash into a wall. Gardai were called to the scene. There was no other car involved. There was over €5000 damage caused to my Toyota Avensis.
Quinn Direct sent out their Assessor. They then got onto me stating that the Assessor advised them that the tyre thread dept on my car was below the legal limit and that they weren't going to pay out on the claim.

Is there anything that I can do?
 
Have you checked your tyre thread? If you think it is not below the legal limit then get your own assessor and follow up on it.
 
Always read your policy terms and conditions. I keep saying that you get what you pay for, cheapest is not always the best.
 

Sound like you *could* have been negligent towards the incident occurring.

If your tyres were *not* below the legal limit then the incident may not have happened.
 
john terry said:
... Is there anything that I can do?
Click to expand...
Sounds like there isn't.

Under the heading "Duty of Care" or "Responsibilities of the Insured" or similar in your policy's T&Cs there will be statements like the following:

"The insured will at all times do everything possible to :

  1. prevent an accident, injury, loss or damage
  2. keep the car in an efficient and roadworthy condition
  3. ensure the car and its accessories are free from defect
The insurer shall have free access at all times to examine the car."

The insurer may take the position that tyres below the legal minimum tread depth mean you have failed in your duty of care and that the car was not roadworthy at the time of the accident. Sorry for the bad news.
 
It's harsh, its not nice, but they are in the right. It is most important to read terms and conditions of policies.
 
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