Potential invalid insurance

jackC78

Hello, any advice would be greatly appreciated.  

Essentially I was in a car accident yesterday on my way to work. I was driving down a hill towards a junction, there was a lot of snow on the road and I was driving at an appropriate speed. As I was slowing down I lost control of my car and began to slide forward. I stupidly hit the breaks and the car just locked up and I continued sliding through the junction and hit a volvo side on. 

The other driver was fine and I contacted the police to make them aware. 
I exchanged details with the other driver . Police arrived and helped me move my car. The road approaching the junction had lots of compressed snow and ice with fresh snow on top. The police as well as the other driver said there was not much I could have done. 

Upon inspecting my car the police noticed one of my front tyres had insufficient tread . Obviously I was unaware and that was a clear oversight on my behalf  (working as an ambulance technician I have seen the aftermath of non road worthy tyres so I am disappointed in myself for not being on the ball with that). The police officer said they didnt think it would have made a difference and left it at that. 

The other driver said he was fine and drove away. His car had a pretty decent sized dent in the rear passenger door and down the bottom of the door.

I called my insurance immediately and explained what happened and that I was at fault. 

I contacted the company dealing with my car on behalf of the insurance company and they said the recovery depot had sent pics of my car and from the pics they deemed it a right off however they were having it brought to their salvage yard to assess the car to make sure it wasnt repairable. 

Essentially I'm concerned that they will identify the tyre and void my insurance. If that is the case am I liable for the third party's claim? 

I've never been in an accident before and in 6 years of driving have no points either . I have no idea how it all works . My car was worth about £7000 and the Volvo I hit was a 18 plate so not a cheap car to repair. 
I realise that I should have been better at keeping an eye on my car and that's something I'll have to live with. 
Essentially I'm concerned that I will be liable for everything and if that is the case what happens if I cant pay? I live pay check to pay check at the moment and my partner and I are expecting a baby in august so that's another thing to worry about. I know cars can be written off fairly easily and the Volvo was probably worth about  £18,000. I would like to think it wasnt written off but that's also a worry. 

No chance in a million years I could find the money for that anytime soon. 

So essentially what I would like some advice on is:
1. What are the odds my insurance will become void/canceled ? ( I would think quite high)

2. Will I be liable for the third party costs?

3. If I am liable for the 3rd party costs, how does that work. Do they give me the opportunity to pay in instalments or do they expect it all at once?

Any advice would be really appreciated and just to reiterate,  I am already !!!!!! off enough with myself for not keeping my tyres in check so I dont need reminding of how much of an idiot I've been as I'm perfectly aware I've been a massive one. I just couldn't handle it financially at all. If I was told that the other party was being paid out but I wasnt I would take that because I understand my complacency has got me in this situation in the first place .

Just been a nervous wreck thinking about what could go wrong. Even just having an idea would maybe set my mind at ease if I knew roughly what to expect or how to handle it. 

Obviously I would be very grateful for any advice on what I can do. 

mgfvvc

1. Voiding or cancelling your insurance. I think this is unlikely. There are no shortage of cars out there with drivers that don't check their tyres or notice any problems until they fail their MOT, but forums aren't deluged with people whose insurers are refusing claims or payouts due to defective tyres. Other than Admiral group insurers don't even do that for drink driving.

2 and 3. Third party liability. Same as 1

In short, while I cant guarantee the outcome, I expect you'll be fine.

jackC78

Thank you for taking the time to get back to me. I really do hope you are right.

Ultimately if it goes bad it's totally on me but that is a terrifying prospect as I wouldn't be able to handle that financially at all.  Regardless of what happens it's a mistake I will never make again. 

garth549

I'd be very surprised if they voided your policy for just 1 tyre being below the minimum tread depth.  I've never heard of this happening (although that doesn't mean it hasn't)

If they did cancel/void then they'd be on very thin ice with the ombudsman unless they can prove the accident likely wouldn't have occurred otherwise.  

If they did void your cover then unfortunately, yes, you could be held liable for the third-party claim.  I think this is very unlikely though so please don't worry about it.

jackC78

Thanks for replying. Hopefully I know what's happening within the next couple of days. 

Still stressing like crazy incase it goes bad and I'm liable for everything.  Hopefully it's not the case but I have very little knowledge of how insurance companies operate so my minds just expecting the worst case scenario. 

If I was liable do you think they'd allow me to pay it off in instalments like a payment plan? I have literally no money to give , and if it was voided i wouldn't even have the means of getting to work which would make the situation even more bleak.

garth549

Like I said I'd be amazed if it came to that so try not to worry about it.  Even if they do kick up a fuss you can appeal to the ombudsman and then even take them to court (assuming you have a strong case against them for breaching the contract).

If it did come to it then yes, they'd accept a reasonable payment plan.  It'd be in their interests as the only other option for them might be to force you into bankruptcy which might mean them getting nothing if you have no assets.

marlot

jackC78 said:

Hello, any advice would be greatly appreciated.  

Essentially I was in a car accident yesterday on my way to work. I was driving down a hill towards a junction, there was a lot of snow on the road ...Upon inspecting my car the police noticed one of my front tyres had insufficient tread . 

Sorry to be the bearer of bad news, but if your insurance company decide that the bald tyre contributed to the incident, then they can refuse the claim.  Assuming that your policy requires you to keep the car in roadworthy condition.
Complaining to the ombudsman may not help. 
eg. 
https://www.financial-ombudsman.org.uk/files/166497/DRN6716557.pdf
https://www.financial-ombudsman.org.uk/files/52124/DRN1644620.pdf
https://www.financial-ombudsman.org.uk/files/157785/DRN6278166.pdf

A_Lert

Assuming all involved agree you were at fault.

If your insurer argues that your insurance was invalidated, they will refuse to pay for the damage to your own car. I would not be surprised if this occurs.

Your insurer will pay the other driver's claim, almost no matter what.

Your insurer could pursue you for reimbursement of the cost of the other driver's claim, but I'd say that's less likely.