My Car Insurance claim denied - Help

Hi guys,

I am new here, not sure if this is the right place to come.

I was involved in an accident, basically the drive that cut in front of me inside heavy rain and blindsided me did't stop.
Crashed my car and after the insurance company sent their engineer to the garage to chek the car, they came with the fact that the 2 tyres at the back doesn't have the standard threading and called it illegal tyres, so because of that they said I can't claim.

I have never claimed anything before, my car is/was fairly new, bought it Sept 2019, still under 2 years, MOT is required minimum of 3 years, so I had no clue about the tyre thread, with my previous cars, annual MOT always let me know if I need to change certain tyres.

The car was badly damaged and the garage said they would probably write it off but right now they are leaving with no help and I am lost, stressed and not sure how to fight back.

Please any advice would be appreciated.



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Comments

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Dot213 said:
    Hi guys,

    I am new here, not sure if this is the right place to come.

    I was involved in an accident, basically the drive that cut in front of me inside heavy rain and blindsided me did't stop.
    Crashed my car and after the insurance company sent their engineer to the garage to chek the car, they came with the fact that the 2 tyres at the back doesn't have the standard threading and called it illegal tyres, so because of that they said I can't claim.

    I have never claimed anything before, my car is/was fairly new, bought it Sept 2019, still under 2 years, MOT is required minimum of 3 years, so I had no clue about the tyre thread, with my previous cars, annual MOT always let me know if I need to change certain tyres.

    The car was badly damaged and the garage said they would probably write it off but right now they are leaving with no help and I am lost, stressed and not sure how to fight back.

    Please any advice would be appreciated.
    So did the other car make contact with you?
    Do you have dash cam footage?

    Presumably you mean the tyres are too worn/bald rather than a non standard pattern? Was the car brand new when you got it? Have you measured the tread depth across the tyre?

    In the first instance you need to get the insurers to confirm exactly the grounds on which they are refusing cover and, if appropriate, which clause in the policy book they are relying on (unless they are saying the tyres are an undeclared modification).

    If you disagree with them once you understand their grounds then you can register a formal complaint and escalate to the Financial Ombudsman if you are unhappy with they response (or if they don't respond within 8 weeks). 
  • Dot213
    Dot213 Posts: 9 Forumite
    First Post
    Sandtree said:
    Dot213 said:
    Hi guys,

    I am new here, not sure if this is the right place to come.

    I was involved in an accident, basically the drive that cut in front of me inside heavy rain and blindsided me did't stop.
    Crashed my car and after the insurance company sent their engineer to the garage to chek the car, they came with the fact that the 2 tyres at the back doesn't have the standard threading and called it illegal tyres, so because of that they said I can't claim.

    I have never claimed anything before, my car is/was fairly new, bought it Sept 2019, still under 2 years, MOT is required minimum of 3 years, so I had no clue about the tyre thread, with my previous cars, annual MOT always let me know if I need to change certain tyres.

    The car was badly damaged and the garage said they would probably write it off but right now they are leaving with no help and I am lost, stressed and not sure how to fight back.

    Please any advice would be appreciated.
    So did the other car make contact with you?
    Do you have dash cam footage?

    Presumably you mean the tyres are too worn/bald rather than a non standard pattern? Was the car brand new when you got it? Have you measured the tread depth across the tyre?

    In the first instance you need to get the insurers to confirm exactly the grounds on which they are refusing cover and, if appropriate, which clause in the policy book they are relying on (unless they are saying the tyres are an undeclared modification).

    If you disagree with them once you understand their grounds then you can register a formal complaint and escalate to the Financial Ombudsman if you are unhappy with they response (or if they don't respond within 8 weeks). 
    The other car did not make contact.

    I do not have the footage and but I have requested one from the from the Car company cloud.


    Yes they claim the tyres are too worn.

    I got the car brand new in 2019.


    This is from the letter they sent to me:

    "Following a recent inspection of your vehicle, our engineer has informed us that, at the time of the accident, the tread on the tyres was worn beyond the legal limit and that this contributed to the accident.

    It is a condition of your policy that you must make sure your vehicle is roadworthy and take all reasonable steps to protect your vehicle and its contents from loss or damage. As you have not met this condition, we regret that we are unable to provide cover under your policy for the damage to your vehicle. 

    We are sorry that we are unable to assist on this occasion and trust our explanation is clear."



  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Dot213 said:
    Sandtree said:
    Dot213 said:
    Hi guys,

    I am new here, not sure if this is the right place to come.

    I was involved in an accident, basically the drive that cut in front of me inside heavy rain and blindsided me did't stop.
    Crashed my car and after the insurance company sent their engineer to the garage to chek the car, they came with the fact that the 2 tyres at the back doesn't have the standard threading and called it illegal tyres, so because of that they said I can't claim.

    I have never claimed anything before, my car is/was fairly new, bought it Sept 2019, still under 2 years, MOT is required minimum of 3 years, so I had no clue about the tyre thread, with my previous cars, annual MOT always let me know if I need to change certain tyres.

    The car was badly damaged and the garage said they would probably write it off but right now they are leaving with no help and I am lost, stressed and not sure how to fight back.

    Please any advice would be appreciated.
    So did the other car make contact with you?
    Do you have dash cam footage?

    Presumably you mean the tyres are too worn/bald rather than a non standard pattern? Was the car brand new when you got it? Have you measured the tread depth across the tyre?

    In the first instance you need to get the insurers to confirm exactly the grounds on which they are refusing cover and, if appropriate, which clause in the policy book they are relying on (unless they are saying the tyres are an undeclared modification).

    If you disagree with them once you understand their grounds then you can register a formal complaint and escalate to the Financial Ombudsman if you are unhappy with they response (or if they don't respond within 8 weeks). 
    The other car did not make contact.

    I do not have the footage and but I have requested one from the from the Car company cloud.


    Yes they claim the tyres are too worn.

    I got the car brand new in 2019.


    This is from the letter they sent to me:

    "Following a recent inspection of your vehicle, our engineer has informed us that, at the time of the accident, the tread on the tyres was worn beyond the legal limit and that this contributed to the accident.

    It is a condition of your policy that you must make sure your vehicle is roadworthy and take all reasonable steps to protect your vehicle and its contents from loss or damage. As you have not met this condition, we regret that we are unable to provide cover under your policy for the damage to your vehicle. 

    We are sorry that we are unable to assist on this occasion and trust our explanation is clear."



    Which seems a pretty reasonable response if you had an accident in the rain due to loss of control and the tyres were below the legal limit. Not Having had an MOT and therefore no-one reminding you is not a defence

    Was there damage to anything other than your car i.e. another vehicle/road furniture etc and have the police shown any interest ? If not then you may have just 'got away with' the cost to your vehicle

    If you want to defend/challenge then you're going to need to invest in an independent report to prove the insurers wrong 
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 October 2021 at 11:40AM
    delete 123
  • adonis
    adonis Posts: 1,072 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is it rear wheel drive?
  • Dot213
    Dot213 Posts: 9 Forumite
    First Post
    k3lvc said:
    Dot213 said:
    Sandtree said:
    Dot213 said:
    Hi guys,

    I am new here, not sure if this is the right place to come.

    I was involved in an accident, basically the drive that cut in front of me inside heavy rain and blindsided me did't stop.
    Crashed my car and after the insurance company sent their engineer to the garage to chek the car, they came with the fact that the 2 tyres at the back doesn't have the standard threading and called it illegal tyres, so because of that they said I can't claim.

    I have never claimed anything before, my car is/was fairly new, bought it Sept 2019, still under 2 years, MOT is required minimum of 3 years, so I had no clue about the tyre thread, with my previous cars, annual MOT always let me know if I need to change certain tyres.

    The car was badly damaged and the garage said they would probably write it off but right now they are leaving with no help and I am lost, stressed and not sure how to fight back.

    Please any advice would be appreciated.
    So did the other car make contact with you?
    Do you have dash cam footage?

    Presumably you mean the tyres are too worn/bald rather than a non standard pattern? Was the car brand new when you got it? Have you measured the tread depth across the tyre?

    In the first instance you need to get the insurers to confirm exactly the grounds on which they are refusing cover and, if appropriate, which clause in the policy book they are relying on (unless they are saying the tyres are an undeclared modification).

    If you disagree with them once you understand their grounds then you can register a formal complaint and escalate to the Financial Ombudsman if you are unhappy with they response (or if they don't respond within 8 weeks). 
    The other car did not make contact.

    I do not have the footage and but I have requested one from the from the Car company cloud.


    Yes they claim the tyres are too worn.

    I got the car brand new in 2019.


    This is from the letter they sent to me:

    "Following a recent inspection of your vehicle, our engineer has informed us that, at the time of the accident, the tread on the tyres was worn beyond the legal limit and that this contributed to the accident.

    It is a condition of your policy that you must make sure your vehicle is roadworthy and take all reasonable steps to protect your vehicle and its contents from loss or damage. As you have not met this condition, we regret that we are unable to provide cover under your policy for the damage to your vehicle. 

    We are sorry that we are unable to assist on this occasion and trust our explanation is clear."



    Which seems a pretty reasonable response if you had an accident in the rain due to loss of control and the tyres were below the legal limit. Not Having had an MOT and therefore no-one reminding you is not a defence

    Was there damage to anything other than your car i.e. another vehicle/road furniture etc and have the police shown any interest ? If not then you may have just 'got away with' the cost to your vehicle

    If you want to defend/challenge then you're going to need to invest in an independent report to prove the insurers wrong 
    A dent to the central reservation, the Police came to the scene but haven't shown any interest since the night of the accident 
  • Dot213
    Dot213 Posts: 9 Forumite
    First Post
    Are these the original tires from when you bought it (new) and how many miles have you done?
    Yes, original tyres from when bought new....about 37,000 miles.
    due to the pandemic and being a front line worker, had to do more driving to work and back
  • Dot213
    Dot213 Posts: 9 Forumite
    First Post
    adonis said:
    Is it rear wheel drive?
    Yes it is
  • Dot213
    Dot213 Posts: 9 Forumite
    First Post
    Dot213 said:
    k3lvc said:
    Dot213 said:
    Sandtree said:
    Dot213 said:
    Hi guys,

    I am new here, not sure if this is the right place to come.

    I was involved in an accident, basically the drive that cut in front of me inside heavy rain and blindsided me did't stop.
    Crashed my car and after the insurance company sent their engineer to the garage to chek the car, they came with the fact that the 2 tyres at the back doesn't have the standard threading and called it illegal tyres, so because of that they said I can't claim.

    I have never claimed anything before, my car is/was fairly new, bought it Sept 2019, still under 2 years, MOT is required minimum of 3 years, so I had no clue about the tyre thread, with my previous cars, annual MOT always let me know if I need to change certain tyres.

    The car was badly damaged and the garage said they would probably write it off but right now they are leaving with no help and I am lost, stressed and not sure how to fight back.

    Please any advice would be appreciated.
    So did the other car make contact with you?
    Do you have dash cam footage?

    Presumably you mean the tyres are too worn/bald rather than a non standard pattern? Was the car brand new when you got it? Have you measured the tread depth across the tyre?

    In the first instance you need to get the insurers to confirm exactly the grounds on which they are refusing cover and, if appropriate, which clause in the policy book they are relying on (unless they are saying the tyres are an undeclared modification).

    If you disagree with them once you understand their grounds then you can register a formal complaint and escalate to the Financial Ombudsman if you are unhappy with they response (or if they don't respond within 8 weeks). 
    The other car did not make contact.

    I do not have the footage and but I have requested one from the from the Car company cloud.


    Yes they claim the tyres are too worn.

    I got the car brand new in 2019.


    This is from the letter they sent to me:

    "Following a recent inspection of your vehicle, our engineer has informed us that, at the time of the accident, the tread on the tyres was worn beyond the legal limit and that this contributed to the accident.

    It is a condition of your policy that you must make sure your vehicle is roadworthy and take all reasonable steps to protect your vehicle and its contents from loss or damage. As you have not met this condition, we regret that we are unable to provide cover under your policy for the damage to your vehicle. 

    We are sorry that we are unable to assist on this occasion and trust our explanation is clear."



    Which seems a pretty reasonable response if you had an accident in the rain due to loss of control and the tyres were below the legal limit. Not Having had an MOT and therefore no-one reminding you is not a defence

    Was there damage to anything other than your car i.e. another vehicle/road furniture etc and have the police shown any interest ? If not then you may have just 'got away with' the cost to your vehicle

    If you want to defend/challenge then you're going to need to invest in an independent report to prove the insurers wrong 
    A dent to the central reservation, the Police came to the scene but haven't shown any interest since the night of the accident 
    Please do you know the process of getting an independent report?
  • Dot213
    Dot213 Posts: 9 Forumite
    First Post
    k3lvc said:
    Dot213 said:
    Sandtree said:
    Dot213 said:
    Hi guys,

    I am new here, not sure if this is the right place to come.

    I was involved in an accident, basically the drive that cut in front of me inside heavy rain and blindsided me did't stop.
    Crashed my car and after the insurance company sent their engineer to the garage to chek the car, they came with the fact that the 2 tyres at the back doesn't have the standard threading and called it illegal tyres, so because of that they said I can't claim.

    I have never claimed anything before, my car is/was fairly new, bought it Sept 2019, still under 2 years, MOT is required minimum of 3 years, so I had no clue about the tyre thread, with my previous cars, annual MOT always let me know if I need to change certain tyres.

    The car was badly damaged and the garage said they would probably write it off but right now they are leaving with no help and I am lost, stressed and not sure how to fight back.

    Please any advice would be appreciated.
    So did the other car make contact with you?
    Do you have dash cam footage?

    Presumably you mean the tyres are too worn/bald rather than a non standard pattern? Was the car brand new when you got it? Have you measured the tread depth across the tyre?

    In the first instance you need to get the insurers to confirm exactly the grounds on which they are refusing cover and, if appropriate, which clause in the policy book they are relying on (unless they are saying the tyres are an undeclared modification).

    If you disagree with them once you understand their grounds then you can register a formal complaint and escalate to the Financial Ombudsman if you are unhappy with they response (or if they don't respond within 8 weeks). 
    The other car did not make contact.

    I do not have the footage and but I have requested one from the from the Car company cloud.


    Yes they claim the tyres are too worn.

    I got the car brand new in 2019.


    This is from the letter they sent to me:

    "Following a recent inspection of your vehicle, our engineer has informed us that, at the time of the accident, the tread on the tyres was worn beyond the legal limit and that this contributed to the accident.

    It is a condition of your policy that you must make sure your vehicle is roadworthy and take all reasonable steps to protect your vehicle and its contents from loss or damage. As you have not met this condition, we regret that we are unable to provide cover under your policy for the damage to your vehicle. 

    We are sorry that we are unable to assist on this occasion and trust our explanation is clear."



    Which seems a pretty reasonable response if you had an accident in the rain due to loss of control and the tyres were below the legal limit. Not Having had an MOT and therefore no-one reminding you is not a defence

    Was there damage to anything other than your car i.e. another vehicle/road furniture etc and have the police shown any interest ? If not then you may have just 'got away with' the cost to your vehicle

    If you want to defend/challenge then you're going to need to invest in an independent report to prove the insurers wrong 
    Please do you know the process of getting an independent report?
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