Where do I Stand?

lb143

I'm hoping this is the correct place to post this...

I've got a bit of a problem, and I'm hoping someone knows where I stand. I recently ended up in a minor accident where I rear-ended a taxi at low speed. Its cracked their rear bumper, I'm paying for the repairs and the insurance isn't getting involved. I tried to avoid the accident and my car wouldn't stop rolling, i swerved and hit the opposite corner of his bumper to mine trying to avoid it.

My brakes were replaced less than a month prior to the accident, along with a few other parts to pass my MOT. I have been back to my mechanic and he has since informed me that my new brake pads are warped and that he is going to claim on their warranty to replace them, seeing as they are so new. This was also the likely cause of the accident, and I'm wondering if I stand on any legal ground as to say that faulty parts lead to the crash, and how or whether I could claim it.

The taxi repairs are going to cost around £500 (new rear bumper and bar + labour), and I don't fully believe it to be my fault. I done everything I could to try and prevent it from happening, and assumed fully my brakes were good.

Does anyone know where I would stand on a case here and if/how I would go about pursuing it. Thanks in advance,

LSB

Tothepoint.

lb143 wrote: »

I'm hoping this is the correct place to post this...

I've got a bit of a problem, and I'm hoping someone knows where I stand. I recently ended up in a minor accident where I rear-ended a taxi at low speed. Its cracked their rear bumper, I'm paying for the repairs and the insurance isn't getting involved. I tried to avoid the accident and my car wouldn't stop rolling, i swerved and hit the opposite corner of his bumper to mine trying to avoid it.

My brakes were replaced less than a month prior to the accident, along with a few other parts to pass my MOT. I have been back to my mechanic and he has since informed me that my new brake pads are warped and that he is going to claim on their warranty to replace them, seeing as they are so new. This was also the likely cause of the accident, and I'm wondering if I stand on any legal ground as to say that faulty parts lead to the crash, and how or whether I could claim it.

The taxi repairs are going to cost around £500 (new rear bumper and bar + labour), and I don't fully believe it to be my fault. I done everything I could to try and prevent it from happening, and assumed fully my brakes were good.

Does anyone know where I would stand on a case here and if/how I would go about pursuing it. Thanks in advance,

LSB

So basically you want to sue a large company that produces brake pads but want to breach the terms of your insurance policy?

Good luck.

lb143

Tothepoint. wrote: »

So basically you want to sue a large company that produces brake pads but want to breach the terms of your insurance policy?

Good luck.

If I go through my insurance they wouldn't be paying a penny (£750 excess) and it would put my already high (approx £1000 for a base model supermini) premiums up. I'm a young driver and can already barely afford my insurance, what am I supposed to do?

Tothepoint.

lb143 wrote: »

If I go through my insurance they wouldn't be paying a penny (£750 excess) and it would put my already high (approx £1000 for a base model supermini) premiums up. I'm a young driver and can already barely afford my insurance, what am I supposed to do?

They'd pay the £500 taxi repair, but hey you carry on and breach the terms of your policy.

If you can barely afford your insurance, who's going to pay your expert witness you'll need to prove your case?

lb143

Tothepoint. wrote: »

They'd pay the £500 taxi repair, but hey you carry on and breach the terms of your policy.

If you can barely afford your insurance, who's going to pay your expert witness you'll need to prove your case?

How would they pay out the £500 if my excess is literally more than that? I thought I was liable for any costs up until the cost of my excess?

Quentin

You normally don't pay any excess on third party claims.

But check your policy wording as there is one insurer that does impose a hefty excess on all claims.

( When you are liable you are responsible for all the costs involved (not just the repair bill), are you prepared to pay for a replacement taxi or loss of profits whilst it's in dock?)

pappa_golf

brake disk pads do not warp , badly fitted brake pads can cause failure , google a picture of a brake pad

of you mean brake discs , then yes they can warp due to excess use/heat cycle etc , but you said they were recently fitted?

with a warped disk (never heard of a warped brake pad?) the brakes would work , but you would get an osolation on your pedal and a judder when braking hard

I suspect a fitting failure rather than a manufacturing one

arcon5

I suspect driver error more than brake fault. "Car just kept rolling" - you mean you didn't have enough time to stop!

fiish

You need to tell your insurance company about the accident regardless of whether you want to make a claim, as not doing so will invalidate future claims if they find out. You will have to declare the fact that you have had an accident when you renew or buy your next policy anyway, and will not be able to avoid your premium increasing, sadly.

If you can show that the brakes were improperly fitted such that they would have failed to stop the car in a reasonable braking situation, you may be able to make a claim on the fitting garage. At minimum the improperly installed brakes need to be fixed at no extra cost to you.

But to show this you would need something solid, like dash cam footage showing you were not following the taxi too closely.

Nasqueron

When the "victim" in the taxi realises he can get £1500 for claiming whiplash you'll have to tell your insurer anyway, you don't need to make a claim, just inform them to cover your backside, or not and risk it

molerat

pappa_golf wrote: »

brake disk pads do not warp , badly fitted brake pads can cause failure , google a picture of a brake pad

of you mean brake discs , then yes they can warp due to excess use/heat cycle etc , but you said they were recently fitted?

with a warped disk (never heard of a warped brake pad?) the brakes would work , but you would get an osolation on your pedal and a judder when braking hard

I suspect a fitting failure rather than a manufacturing one

My thoughts as well. I have had pads with hardly any disc contact and braking was pretty fine below 60, had warped discs where it felt someone was kicking my foot but car stopped fine. I can only see incorrect or very badly fitted pads or maybe caliper bolts causing brake failure.