Insurance not paying out

[Oneeyedvic]

My insurance company have decidede that they are not paying out on an accident (my fault).
The pertinent facts are as follows:

1) I purchased the car approx 6 weeks ago (�4200)
2) I had it serviced a week later (from the agrage I bought it off) (�120)
3) When I picked up the car (dropped off at 9am picked up at 5pm) the mechanic said that the rear tyres were a bit low but should be okay for a couple of months (he is now saying he bought the tyres to my attention)
4) I am self employed and paid for class 1 business use in full for the insurance (�500)
5) a few days and 400 miles after service , i had a crash - in the middle of a thunderstorm, I went round a corner and the back end went out, clipping a car on the other side of the road - luckily no one hurt.
6) In the approved repairers garage, where the car is, (repair estimate �3k), an assesor has noticed that in the middle of the tyres they are less than 1.6mm
7) The original quote for repairs by the garage state 2mm tyres.
8) On looking at the tyres, the middle is 'bald', however the side (where I checked) is 2mm.

The insurance company are saying that I have a duty to keep the car in a roadworthy condition. I have failed in that care and it was a contributory factor in the accident.

Whilst I cannot argue that in the middle the tyres are indeed bald, I personally feel that I have carried out adequate checks on my vehicle, and that even a mechanic (a professional) was fooled.

The insurance company are sticking to their guns - what can I do?

[Oneeyedvic]

Sorry - it is fully comp.

It seems to hinge on the fact that as part of the insurance policy, I have a duty to maintain the vehicle in a road worthy condition. Their interpretation is that as it would not pass an MOT with the tyres in their present condition, I have failed in that care.

My argument is that I believe I have caried out that duty, because (as I said) from the side it is over the legal limit. I do not believe it is reasonable to expect me to go down on my hands and knees to check the tyres - and the (insurance approved) body shop that currently has the car has noted on their inital quote that the tyres had 2mm tread on them. They obviously looked at the tyres and came to the same conclusion that I did  - that they are 2mm.

 

Anyway - insurance company not playing ball - what do I do next. (and if I do take it further can the police get involved and give me points on my licence as they are below the legal limit)

[KebabMeister]

On looking at the tyres, the middle is 'bald', however the side (where I checked) is 2mm

The method of checking the correct tyre tread depth is the centre 3/4 of the tyre.  The outer edge doesn't count since it isn't always in full contact with the road.

[Oneeyedvic]

I realise that now kebabmesiter (an expensive mistake) - however, the question is really what can I do now -

I believe I have justification - mainly becasue the garage put 2mm - they obviously thought it was above the legal limit when first checking - and they are certainly more experienced in this area than I am.

[KebabMeister]

I would consult a lawyer and consider takinig the garage to court but it could take a very long time.  Or maybe the Citizens Advice Bureau.  Additionally there is nothing to stop them amending their work sheets since they're often hand written. 

Did you get written proof of the tyre tread depth?  An advisory sheet? 

[UsAndStuff]

While I feel sorry for you Oneeyedvic, my personal feelings are as you were the driver at the time, it is your responsibility to make sure that the vehicle was roadworthy, not a mechanics.

I heard it on the radio that the RAC (I think it was them) say that tyres lose their efficiency on a wet road before they get down to 1.6mm, they say to change them at 2.5mm at least.

Have a look at http://www.rospa.com/roadsafety/advice/motorvehicles/tre ad_depth.htm

You may be lucky, and eventually persuade the insurance company to pay out, but my experience of them is they are very hesitant to pay out if there is a way out for them.

Good luck