Claiming Insurance, troubles with the insurer.

Lintrigued101 on 20/08/2016 - 01:14
Last edited 25/08/2016 - 20:33

Thank you ozbargain community, really grateful, and thank to your suggestions I have secured a paid for rental car (using right2drive and they are just excellent).

Now, I am experiencing following issues with the insurer:

• The insurer (third party claim as I was in no fault accident, with no insurance) is getting the car fixed at their authorised centre. However, the authorised centre has told me that they are putting aftermarket parts, and not original. I have read forums online and my manufacturer’s warranty ran out only earlier this year (Mitsubishi 5 year warranty – finished in Jan 2016, 2011 Lancer VR Model). Given that there are no accidents or aftermarket parts used earlier, can I force them to use original manufacturer’s parts ?
• Alternatively, can I force them to repair the car at a place of my choice instead ? Where I can ensure that quality standards are met.

Any specific pointers to legislation, or code of conduct etc. would be highly appreciated. Thanks again.

TLTR: Given that there are no accidents or aftermarket parts used earlier in my car, can I force the third party insurer to use original manufacturer’s parts ?

Automotive

Comments

  • Settero on 20/08/2016 - 01:43
    +1

    rental car yes, there are company's that specialize in giving you a car and charging the at fault party like http://acornrentals.com.au/blog/car-accident-rental-car-reim… ( never used and not endorsing the company just using them as a example of how it works )

    you can actually seek the difference in the reduced resell value.

    you can take it to any repairer you want , they can not force you to choose theirs , they can make it very difficult , and you can not really choose to get it repaired for a much higher amount , get a few quotes on the repair cost to cover yourself if you do go that route.

    • em on 21/08/2016 - 13:25
      +2

      Rental car isn't such a great choice when you don't have insurance yourself.

  • Richardc on 20/08/2016 - 02:57

    get some repair quote and send to the other party.

    • intrigued101 on 21/08/2016 - 11:52
      +1

      Thank you. Yes I want to do that but the car is in a yard around 400 Km away from my home, so going there is not easy and I will check with the company to see if they can drop it off to my nearest yard.

  • Euphemistic on 20/08/2016 - 07:19
    +1

    Keep onto them. They are just hoping you will go away and not have to pay. Telling them you will need to claim for a hire car might speed up the process. They might press to repair your car, but you are able to claim the value in damages, from several quotes, in cash to arrange the repairs yourself (or use the cash to buy another car)

    A bloke at work was mucked around after a not at fault accident and eventually got a hire car, paid for by the other company plus cash to repair his car, based on the value of repairs but he had to keep chasing them. The value of repairs happened to be more than he paid for the car too (was a $1500 car). In his case his car was still drivable.

    • intrigued101 on 21/08/2016 - 11:52

      Thank you. Will surely keep onto them :)

  • captobvious on 20/08/2016 - 08:40
    +1

    whos their insurer?

    • intrigued101 on 21/08/2016 - 11:55

      Tried sending you a PM, but not sure how, new to the site. Sorry, but don't want to put the name of the insurer in case they see, and make more trouble.

  • hell0 on 20/08/2016 - 09:09
    +1

    I think you should look up the term 'demurrage' as their are businesses that will loan you a car and chase your claim if you are not at fault. That way the claim goes through quick and you get a rental car.

    • intrigued101 on 21/08/2016 - 11:56
      +1

      Thanks yes found some companies, will contact the insurer and see if they can organise something as I won't have to pay anything out of pocket, with these companies I will get reimbursed later on, so not an issue either. But thank you, very helpful.

  • kerfuffle on 20/08/2016 - 10:02
    +9

    I hate to say this, but this is why you have insurance to cover yourself in cases like this. I was involved in two not-at-fault accidents in the space of four months last year but I had comprehensive insurance so just claimed it with them and let them do the chasing of the at-fault party. (Good thing too as the first driver who hit me sounded like he was going to do a dodge)

    With the rental car, not everyone has this in their policy (it's an optional feature), but since you weren't at fault, you may have more luck getting one

    Good luck with getting your car fixed!

    • intrigued101 on 21/08/2016 - 11:57
      +1

      Thank you, lesson learned.That would be the first place I am going after I get a car :)

  • frondono on 20/08/2016 - 10:37

    Do you know any lawyers that could write them a strongly worded letter on an official letterhead? I know a guy that went this route and the insurance company paid him and even let him keep his car, I think that is another thing most people are unaware of.

    • intrigued101 on 21/08/2016 - 11:58

      Great idea, trying to find someone now. Thank you.

  • Mumbles on 20/08/2016 - 13:11
    +3

    Ask the insurance company what is the status of the claim. If its been "authorised" (ie. owner admits fault, the excess has been paid) then its a lot easier. If the owner has already authorised the insurer to pay out, it means you'll have more assurance that you'll be reimbursed for rental car costs. Talk to the insurer and tell them you'll be renting a car.

    The insurer will be motivated to speed up the assessor and smash repairer. You should be able to hire a car of similar specification to your car, pay for it yourself and send the bill to the insurance company.

    If the claim isn't yet authorised then contact the owner and get him to sort it out with his insurer. Things get complicated if they don't want to use their insurance. You'll have to push the owner to sort out his affairs with their insurer.

    To Summarise: Had an accident, other party at fault, how to ensure matter is resolved soon ? Am I eligible for a rental car in the meantime ? And is there a possibility to get cash payout instead of repairing the car.

    If you want things resolved immediately you are going to have to take matters into your own hand and play hardball. Rent your own car, repair your own car (after obtaining multiple written quotes), hire a lawyer to initiate a civil suit to recover costs from the owner.

    You won't be eligible to get a cash payout. The law only requires your car to be repaired. I'm guessing if you're driving a car without buying insurance you have a valid reason. The difference in resale value isn't going to be massive on a proper smash repaired car. In some instances your car's resale will benefit/get offset since it will look better with the fresh paint and new panels. If you are unhappy with the quality of the smash repair then take the car back to the repairer and complain, recover costs from the owner.

    Best to seek your own legal advice as I'm not a lawyer. Just another OzBargainer currently sorting out an even more difficult and longer insurance claim.

    • njm on 20/08/2016 - 21:22
      +1

      Have to disagree with these comments.

      Insurance policies state that the vehicle owner cannot admit liability, ie, admit they caused an accident. It is the insurers decision.

      The insurer authorises everything, the vehicle owner authorises nothing. When the at fault driver lodges a claim, they agree to pass on all authority and negotiations of the claim to the insurer.

      More than likely you will get a cash payout. The third party insurer will not want to arrange repairs on your behalf, otherwise they may be liable to offer a guarantee on repairs if they force you to use their preferred repairer.

      Google 'General insurance code of practice' and have a read, then tell them they have breached this code and lodge a formal complaint and get a reference number.

      • intrigued101 on 21/08/2016 - 12:01

        Thank you for this information, reading the info on the link. Cheers

    • intrigued101 on 21/08/2016 - 12:00

      Thank you very much for your detailed response. I really hope your insurance claim gets sorted. Best Wishes.

  • Thefiddler on 20/08/2016 - 14:40
    +1

    Unluckily have a bit of experience in other drivers hitting me, I'm pretty sure you can take your car to just about any repairer and they will handle the chasing up/payment of repairs. As long as you have the guys details and the insurer, along with a claim number, its as simple as dropping your car off and picking it up when done. the repairer will also provide you with a car to use while yours is being repaired

    • kerfuffle on 20/08/2016 - 14:47
      +3

      Not always; it depends if they have a courtesy car service.

  • Aust on 20/08/2016 - 18:48
    +1

    You can take it to any repairer you want. You normally get 2 quotes and forward those with a letter of demand to the T/P. I'm guessing you have already done this.
    There is no contract between you and the third partys insurer. just a legal liability for damage to your property. So they cannot tell you where to get it repaired. If the damage was bad enough to warrant an assessor then he/she would ensure the repairers quote is fair and reasonable.

    Most insurers wont pay hire vehicle costs for the sake of inconvenience, if you use your car for work then thats a different matter and they may.

    • Settero on 20/08/2016 - 20:26
      +1

      they can not deny a rental car
      this is actually a misconception , which comes from the confusion that , they can deny a rental car if you claim against your own policy. not when a 3rd party claims against you.

      • intrigued101 on 21/08/2016 - 12:03

        Oh good to know, I will be more assertive with my request for rental vehicle now. Cheers

      • intrigued101 on 25/08/2016 - 16:44

        Thank you Settero, got a rental car by right2drive, who say they will claim it through the insurer.

    • intrigued101 on 21/08/2016 - 12:03

      Thank you Aust, appreciated.

  • minniethemoocher on 20/08/2016 - 19:08

    I have heard companies like Compass claims can help. I can't recommend them I have only read about others using them in this situation. Check out Whirlpool for further info. They will handle your claim if you are uninsured and chase the other parties insurer for you.

    • intrigued101 on 21/08/2016 - 12:02

      Nice, have emailed Compass now. Hopefully they are not too expensive. Thank you.

      • minniethemoocher on 21/08/2016 - 12:56
        +1

        From what I read they don't charge you anything. They make their money from the other parties insurance.

      • zeomega on 21/08/2016 - 21:32
        +1

        I've used compass claims. If it's easy open and close case, they will arrange to drop a vehicle off to you. I requested for something a little bigger, and they provided me a 1 year old Audi A6 for for the period and they had no qualms with it. Didn't pay a single cent.

        Compass will claim from the insurance company directly and i assure you, your claim will get fast tracked really quickly because they are bleeding money.

        Another website is:-
        http://www.notmyfault.com.au/

        • intrigued101 on 25/08/2016 - 16:44

          Thank you Zeomega, got a rental car by right2drive, who say they will claim it through the insurer.

        • zeomega on 25/08/2016 - 16:55

          @intrigued101:
          Brilliant. Let's see how quickly the insurance agency gets back to you. Meanwhile.. enjoy the new ride. hahahaha

  • andyken on 21/08/2016 - 21:31
    +1

    If in vic, you can bring it to the repairer and if no fault, the repairer will chase the insurance, not you. But you need to provide the fault license number and even better if you have the claim number. Yes not all the repairer, i know couples but will be useless as you are in nsw

  • lionh3art on 22/08/2016 - 07:26
    +1

    Speaking from experience. Normally you will call their insurance up and provide the claim number and ask them what need to be done. Usually they asked you to go to their authorised smash repairs or get a few quotes from your preferred smash repairs. Ask them for an email address so your smash repair can send the quote through. Then it's the waiting game to get the quote approve, you gotta keep ringing them. They may not approve it until the other guy pay had his excess fee (my case). Good luck.

    • intrigued101 on 25/08/2016 - 16:46

      Thank you lionh3art. You seem very knowledgable, can I please bother you with one more query.

      The insurer is getting the car fixed at their authorised centre. However, the authorised centre has told me that they are putting aftermarket parts, and not original. I have read forums online and my manufacturer’s warranty ran out only earlier this year (Mitsubishi 5 year warranty – finished in Jan 2016, 2011 Lancer VR Model). Given that there are no accidents or aftermarket parts used earlier, can I force them to use original manufacturer’s parts ?

      Alternatively, can I force them to repair the car at a place of my choice instead ? Where I can ensure that quality standards are met.

      • zeomega on 25/08/2016 - 17:01

        No. You can force them to repair the car at YOUR place of choice with ORIGINAL parts. Insurance authorized centers are mostly dodgy and workmanship is subpar. You're expecting the car to be the same as before the accident (or better depending on the condition). Why should you compromise on quality when it's not your fault?

        For my BMW I ensured that all parts were of my choosing and paintwork was of excellent quality. Essentially my rear bar which was bent slightly (you had to look to find the accident mark), costed the insurance $3k. All oem bars (no patch jobs) paint and top notch work. Again, remember that it will affect your resale value if the fix is dodgy or easily spotted. You should NOT be paying for it indirectly as a result of the accident.

        • intrigued101 on 25/08/2016 - 20:35

          Really really sorry to bother you. But how could I force them to do this ? Any specific law or guideline to do that……..what is the assessor says no ? Sorry I am totally naive about this, and have no idea.

        • zeomega on 25/08/2016 - 23:12

          @intrigued101:
          Bring it to a workshop that you trust, say you want originals parts etc quoted and get them to send the quote with the claim number to the insurance company. The insurance company will prolly try to nego with the shop. Eventually if the shop can't get it past the accessor, ask for the accessor's number and call him directly, don't kick up a sitnk but just be firm that you want XXX shop to fix it and it must be original parts. Why should you be burdened… etc.

          Again it boils down to the condition of your car. If it was spotless, well polished and maintained, that is a very big case for quailty. If the rest of the car is scratched up or paint is peeling etc, don't have much to stand on.

  • Hirolol on 22/08/2016 - 09:46

    can you start making them pay for your public transport ticket and taxi fare? thats so BS.

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