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Repudiation of your car insurance claim - What's next?
Nick - Driven Forensics • 19 November 2024
Car insurance claim repudiated - what's next?
There were an estimated 2.3 million car insurance claims settled in 2023 (1). It is only natural to assume that a portion of those claims will be repudiated. Before we go any further, what does repudiation of a claim mean?
Repudiation, is a fancy way of saying your claim has been denied and you will not be paid out.
There are a whole host of reasons why a car insurance claim is rejected, including a mechanical failure, electrical failure, an item being claimed for is not insured or you may be in breach of your conditions of insurance.
Conditions can include the requirement to keep your vehicle in a roadworthy condition, to have a valid MOT and to be taxed, but to find out what conditions your insurer imposes on you, check your policy. Clients have previously had their claims rejected on the basis that their tyres were below the legal limit, the vehicle had a pre-existing defect, a vehicle modificaiton had not previously been disclosed, windscreen wipers which did not operate or lights which did not operate.
Whilst it might be a condition of insurance to have a vehicle in a roadworthy condition, recent verdicts from the Financial Ombudsman Service (FOS) have suggested that in order to reject a claim, the defect identified needs to have in some way contributed to the collision or incident occurring.
If your insurane claim has been rejected, contact us today to see whether we can assist you. We provide forensic vehicle inspections which can help determine whether a vehicle was defective, whether that defect existed prior to the collision, and what, if any, part it played in the incident resulting in the loss.
(1) - https://www.cityam.com/car-insurance-claims-payouts-hit-a-record-1-1m-an-hour-in-2023/
(2) - https://motorclaimguru.co.uk/how-to-deal-with-a-repudiated-claim-by-your-insurance-company#:~:text=Some%20times%20an%20insurer%20may,advising%20your%20claim%20is%20repudiated%3F
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This post forms part of a series of forensic vehicle examiner posts, where we answer as many of the commonly asked questions we get as a forensic vehicle examiner. Our aim is to answer the most commonly asked questions and to dispel certain myths that lurk. If you have a question for our forensic vehicle examiner, simply drop us an email at enquiry@drivenforeniscs.co.uk The brakes on your car are incredibly well designed and complete brake failure is rare. The cause of any brake failure should be investigated, either by your mechanic or vehicle technician, or if you are involved in a serious collision, by a forensic vehicle examiner. But what are some of the most common reasons brakes fail? Brake pad or brake lining failure Brake pads or brake drum linings, are specifically designed with a friction material to withstand the heat generated when braking. The friction material is mounted to a backing plate, and when braking, that friction material is forced against the brake disc or brake drum, which causes the vehicle to slow. As the friction material reduces or is non-existent, the ability to disapate the heat created during braking is reduced. Where the heat continues to build, it can lead to brake fade. Brake discs or brake drum failure Brake discs or brake drums are a key component in the braking system. The discs and drums are essential in disapating heat as well as giving the pads/linings a surface to grip to. Where the discs become too thin, are contaminated with something (i.e. oil etc), pitted or seriously worn, this can lead to reduced effectiveness and can, in exterme circumstances, lead to brake failure. Low brake fluid levels or brake fluid leak In order to apply the brakes, fluid needs to be forced through the brake lines to each wheel. Where the brake fluid is either low or there is a leak in the system, the fluid does not reach the brakes and therefore the brakes cannot be applied. It is worth saying that the brake fluid system is a closed system, meaning the brakes do not consume to fluid, so there should be no need to top it up. When your brake fluid is low, it can either be a sign that your brakes need replacing or you have a leak. In either case, it is worth taking your car to your local mechanic or vehicle technician to have them checked. Seized brake caliper / seized wheel cylinder When your brake calipers or wheel cylinders seize, they can seize in either the on or off position. When they seize in the on position, the brakes on the wheel will be permanently applied to some degree, meaning heat will quickly build up and likely lead to brake fade and brake failure. When they seize in the off position, no matter how hard you press the brake pedal, the brakes simply will not apply, meaning you have no means of slowing your vehicle down using the brakes. Driven Forensics in-house forensic vehicle examiner can assist you in determining whether a vehicle has suffered a brake failure, and if so, why. During a forensic vehicle inspection, not only do we inspect each component, but we also photograph and document their condition for later use in Court and other proceedings. If you need a forensic vehicle examiner to inspect your cars brake system during a forensic vehicle inspection, contact us today. T. 0113 534 8708 | E. enquiry@drivenforensics.co.uk
This post forms part of a series of forensic vehicle examiner posts, where we answer as many of the commonly asked questions we get as a forensic vehicle examiner. Our aim is to answer the most commonly asked questions and to dispel certain myths that lurk. If you have a question for our forensic vehicle examiner, simply drop us an email at enquiry@drivenforeniscs.co.uk We've all seen the crime TV shows, where a belligerent protagonist cuts a brake pipe which results in a car crash, but have you ever wondered how often it happens and what you should do if your car brakes fail? Instances of complete brake failure are rare, partly because of the resilience of the brake system, but mainly due to the way the braking system is designed and the redundancies built in. Like all components on your vehicle, with time your brakes will wear which is why your brakes need to be regularly inspected by a mechanic or vehicle technician. When these checks are neglected, it can lead to parts of the brake system developing a defect. But if you experience complete brake failure, what should you do? 1. Take your foot off the accelerator and select a low gear Taking your foot off the accelerator and changing to a low gear (i.e. 1st, 2nd, 3rd) will help reduce the speed of your engine and ultimately reduce the speed of your car by using engine braking. Engine braking is a resistive force which slows your engine down, which in turn causes your car to slow. By changing to a lower gear, you are also limiting your speed. 2. Warn others with your horn and lights In the event you lose the ability to brake, you need to assess the area around you. What are your nearest hazards, is anyone about to pull out in front of you or are pedestrians about to cross the road? You should make use of your hazard lights, headlight flash, horn and any other visual or audible aids you have fitted to the vehicle, to inform others around you that there is a problem. 3. Apply the handbrake The brakes you use when driving are operated (generally) by using fluid pressure, where brake fluid is forced through brake lines to activate the brakes. The handbrake on the other hand is generally a physical (mechanical) connection. In the event that your brakes fail, try to apply the handbrake. When doing this, be careful, if you apply the handbrake too quickly, you will lock the rear wheels which may affect the stability of your vehicle. 4. Use street furniture to help your vehicle slow down In order to slow, you need to make use of the physical features around you. An instance of this would be forcing your car against crash barriers or other similar solid objects. When doing this, you need to be careful that you do not engage the object (i.e. crash barrier etc) too quickly, so as gently (but as quickly) as you can, force the car against the object. The resistance between your car and the object, will help to slow your car. 5. Most important, don't panic It can be incredibly easy to say don't panic, but panicking will not help and if anything, it will hinder your attempts to slow your car. Been involved in a collision where the brakes have failed? If you have, you may need an expert to inspect your cars brakes to determine what happened and why. Our forensic vehicle examiner can arrange a forensic vehicle inspection to bring you the answers you need. An inspection should be undertaken as soon after the event as possible. If you need to speak to us, contact us today. T. 0113 534 8708 | E. enquiry@drivenforensics.co.uk
What happens when a timing belt fails? Or a timing chain or timing gear. Our forensic vehicle examiner can arrange a forensic vehicle inspection to determine the condition and likely reasons for the failure of a timing belt, timing chain or timing gear.
What are timing gears? We can include an inspection of timing gears during a forensic vehicle inspection. Contact our forensic vehicle examiner today.