Could faulty brakes have caused an accident in a Mazda MX-5 I just bought?

I bought a Mazda-approved MX-5 in January from a dealership, and in June I had an accident which I thought was my fault. The insurance paid for the repair at a cost of £600 plus excess. When the car came back from repair I took it for its MOT. The car failed due to low brake pads and a front brake imbalance of 40 per cent. I feel this contributed to the cause of the accident. When I looked over the paperwork for the car, I noticed on the car inspection report that the the brakes and tyre pressures were never checked before it was sold to me. I suffered with sore neck from the accident and have been getting headaches and have been generally fearful about driving again. What should I do next?

Asked on 16 August 2010 by timmygg

Answered by Lucy
If liability has been admitted and you were the at-fault driver - as appears to have been the case - then it is very unlikely that you would be able to make a claim. Brakes and tyre pressures are the driver's responsibility and I don't think you could hold the garage responsible for such issues four months after purchase.
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