Can Vehicle Modifications Impact Liability in Car Accident Cases?

If you love customizing your vehicle to make it your own, you aren’t alone! Modifications are some of the most common automotive-related purchases on which vehicle owners spend their money.

According to a May 2024 report by the Specialty Equipment Market Association (SEMA), nearly 300 million passenger vehicles are on the road in the U.S., and around 20-25% of those are accessorized every year. These modifications range from changes like darker-tinted windows and lift kits that affect the look of a vehicle, to performance-related accessories like off-road tires and bigger trailer hitches.

While most accessories make only minor functional or aesthetic changes to vehicles, others can dramatically impact their acceleration, braking, and handling. In this blog, we explore how modifications can increase the risk of accidents and whether they can impact drivers’ liability after crashes.

What Modifications Are Most and Least Likely to Increase Liability?

Modifications that significantly alter a vehicle's handling or safety are the most likely to result in increased liability for the owner after a crash.

These modifications include:

• Suspension Modifications: Altering the suspension, such as lowering or lifting a vehicle, can dramatically change its handling and stability. Lowering a vehicle can reduce ground clearance and increase the risk of undercarriage damage, while lifting a vehicle can raise the center of gravity, making it more prone to rollovers​.
• Engine Modifications: Enhancing engine performance without upgrading other critical systems like brakes and tires can lead to imbalances. Increased power and acceleration capabilities can result in decreased control and longer stopping distances, which can increase the risk of a crash.
• Tire and Wheel Modifications: Installing larger or wider tires can strain suspension and steering components, leading to premature wear and potential failure. Non-standard tire sizes can also affect the speedometer's and odometer's accuracy, leading to incorrect speed readings​.
• Lighting Modifications: Adding aftermarket headlights or underbody lights can blind other drivers if they are not correctly installed or too bright, increasing the risk of collisions.

Modifications that are the least likely to result in increased liability after a crash include modifications targeting driver and passenger comfort, vehicle appearance, and audiovisual upgrades.

These modifications include:

• Cosmetic Modifications: Purely appearance-based changes, such as new paint jobs, decals, and non-structural bodywork, typically do not affect the vehicle's safety or handling.
• Interior Upgrades: Modifications like new upholstery, upgraded sound systems, and enhanced interior lighting generally do not influence the vehicle's operational safety or performance​.
• Basic Maintenance and Enhancements: Upgrading to better quality tires without changing their size, installing approved aftermarket brakes, or using higher-grade fluids can enhance safety without increasing liability​.

How Can Modifications Be Used Against Drivers After Crashes?

In addition to increasing the risk of accidents in the first place, vehicle modifications can impact liability after crashes in several ways:

• Insurance Coverage and Claims: Modifications can affect insurance policies. Not disclosing a modification to the insurance company might void the policy and lead to a denied claim after a crash. Some modifications can lead to higher premiums or coverage exclusions ​even if disclosed. In addition, the at-fault driver’s insurer may argue the other driver contributed to or caused the crash due to their vehicle’s modifications.
• Legal and Regulatory Compliance: Modifications not compliant with local, state, or federal regulations can impact liability. If a vehicle modification is illegal or fails to meet safety standards, it could result in fines and increased liability for the owner after a crash. Courts might view the non-compliant modification as contributing to the accident, which can increase the owner's liability​.
• Product Liability: If a modification involves aftermarket parts, especially those that are defective or improperly installed, the manufacturer of the parts or the installer might be held liable. This can lead to complex legal situations where multiple parties may share liability, including the vehicle owner, the parts manufacturer, and the installer.
• Warranty and Manufacturer Liability: Modifications can void vehicle manufacturer warranties, shifting the liability to the vehicle owner. If a crash occurs due to a vehicle component that would have been covered under warranty but was modified, the vehicle manufacturer might not be held liable​.
• Initial Judgments from Police Officers: Responding police officers often assign fault at crash scenes. If a heavily modified vehicle is involved in a crash along with a stock vehicle, the police officer may assume the driver of the heavily modified vehicle is at fault—especially if the fault isn’t obvious and the modifications clearly affect handling, visibility, or performance.

Our Ohio Car Accident Lawyers Can Protect Your Rights After a Crash

Insurance companies, whether yours or the other driver’s, always look for ways to reduce or deny claims. It’s simply the way they do business. Unfortunately, that often means innocent drivers get far less money than they deserve for dubious reasons like vehicle modifications.

If you or someone you love was recently injured in a crash and you were driving a modified vehicle, having an experienced law firm on your side is important. At Nurenberg, Paris, Heller & McCarthy, our Ohio auto accident attorneys collect evidence and determine the facts of what happened to build our clients’ cases.

We don’t speculate or jump to conclusions about who was at fault based on vehicle appearance or modifications, and we don’t let biased insurance companies do it, either. Contact us today for a free consultation to learn how we can help.

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