Car Damaged at Mechanics - What Are My Options to Claim?

Bruceflix on 27/07/2024 - 11:00
Last edited 30/07/2024 - 13:19 by 1 other user

Long story short, I took my car to the mechanic to get the brakes and done and some other minor work. Was meant to be a 1 day job. Got told parts were delayed and car would be ready Friday. Friday comes and mechanic doesn't answer phone. After lunch I get a text message from him that my car won't be ready that day (Friday/yesterday). I call and say I want to go down there and see what is going on. Mechanic mumbles there is "some slight panel damage".

I go to see my car. It has at least 2 big impacts. Somehow he has collided into the hoist (or whatever the machine that lifts cars is called). No idea how he had managed to do it.

I have comprehensive insurance and presumably the business has insurance. I mean they have said they do but have not yet given details and apparently won't until Monday. What are my options? Do i go through my insurance or wait on theirs? And do I need to pay for the work they have done to my car? It's a bit insulting that I should have to pay for work when they have completely ^%#^ my car up.

It is probably a writeoff. I have agreed price on my insurance. If i go through theirs and they want to write it off will I only be likely to get market price without negotiations?

Really stumped and my insurance (AAMI) have been totally useless when asking.

UPDATE: Mechanic have made a claim through their insurance and I have it booked in to my choice of crash repairer next week. And a loan car. No out of pocket expense.

Automotive Insurance Mazda 6

Comments

    • Brick Tamland on 27/07/2024 - 11:30
      +32

      Does it matter? the insurance is on the car. I had a drunk driver ran into my car when it was parked on the side of the street, insurance covered it.

        • nocure on 27/07/2024 - 14:07
          +53

          You really shouldn't be giving advice on something you clearly know nothing about.

            • solidussnake on 28/07/2024 - 07:16
              +15

              @askbargain: No need the 15 negs against you show you have no clue

              • rumblytangara on 29/07/2024 - 12:04
                +1

                @solidussnake: Just ducked into this post the day after, and it's well over a hundred now. There's got to be some kind of prize for this.

            • blitz on 29/07/2024 - 15:40

              @askbargain:

              feel free to correct anything

              It's not our responsibility to correct your assertion. You have to prove that you're correct.

          • HeWhoKnows on 28/07/2024 - 07:58

            @nocure: askbargain is simply quoting from thier car insurance policy contract.
            So I wouldnt go as far as saying they know nothing about car insurance.

            But to answer OPs question its the mechanic's responsibiltity to make good the damage, even if its just to pay for the cost.

          • gimme on 29/07/2024 - 09:27

            @nocure: If that were true, the internet would cease to exist ;)

        • nomoneynoproblems on 27/07/2024 - 14:09
          -7

          lol seriously? How do you know op insurance policy or did you pull that out of your arse? 😂

        • Tech5 on 27/07/2024 - 14:11

          Wow you are so smart, man. How do you know so much about everything?

        • Bruceflix on 27/07/2024 - 15:50

          That is certainly not in my policy.

        • areustillpretty on 27/07/2024 - 16:31

          Wow. Hope no one takes this seriously.

        • Mr Random on 29/07/2024 - 11:03
          +4

          I’m no lawyer, but I believe you’re incorrect in what you’re stating about car insurance coverage. Since you seem so sure of yourself by asking others to prove why you’re wrong, allow me to respond:

          1. Comprehensive Coverage: AAMI’s policy covers accidental loss or damage to the car during the insurance period, regardless of whether the car is being driven, parked, or in someone else’s care. For instance, it includes damage from incidents like hail, storm, fire, theft, vandalism, and collisions, even when the car is unattended.
          2. Definition of ‘Driver’: The definition of ‘driver’ or being ‘in charge of the car’ includes situations where the car is parked or being serviced. The insurance coverage is for the car itself under various circumstances, not just when it’s actively being driven by the owner.
          3. Policy Specifics: The policy specifically states:
            “We cover accidental loss or damage to your car caused by an incident in the period of insurance. Examples include hail, storm (including cyclone), flood, fire, theft or attempted theft, malicious damage or vandalism, collision and impact.”
          4. Mechanic’s Liability: In this situation, since the car was damaged while at the mechanic’s shop, the mechanic’s insurance should also come into play. It’s standard for businesses to have liability insurance to cover damages that occur while the vehicle is in their care.
          5. Legal Liability and Contracts: The policy covers legal liabilities arising from incidents, not just from active driving. This includes situations where the car is parked or being worked on.

          So, the idea that insurance only helps if you’re driving is incorrect. Comprehensive insurance is designed to protect against various risks, not just what happen while the car is being driven.

      • HeWhoKnows on 28/07/2024 - 07:55
        +1

        In this case the mechanic is clearly resposible for making good the damage.
        It matters not if he pays cash, claims through his insurance or gets the car fixed at his preferred panel beater.

        Its better to avoid claiming on own insurnace as goes on record as an insurance claim, regardless of who is at fault.

    • brad1-8tsi on 27/07/2024 - 14:12

      You would be incorrect and have misinterpreted the PDS

      • askbargain on 27/07/2024 - 19:59

        so you think OP should claim via his insurance rather than the mechanic's insurance?

    • rumblytangara on 27/07/2024 - 16:40
      +11

      why would your insurance help? you weren't driving.

      This is one of the dumbest things I have ever read on Ozbargain that wasn't outright satire/trolling.

      Or are you trolling?

      If you were not trolling, then maybe stick to subjects that you have the slightest whiff of a clue about.

        • rumblytangara on 27/07/2024 - 20:26
          +7

          Gee, I wonder if you've ever read the PDS of a comprehensive car insurance plan before.

          There's a bandwagon because the statement was so astoundingly wrong. Stop digging.

    • IpGem on 28/07/2024 - 11:11

      look for lawyers.

      Is this how you askbargain?

    • kaleidoscope on 29/07/2024 - 09:57

      What is this? That's not how insurance works…

  • Aust on 27/07/2024 - 11:24
    +5

    If your car is a write off, lodge a claim on your insurer, that's what they are there for. Note if it is written off they will keep any unused premium as the policy is cancelled.

    If you have time and maybe another car, as a true Ozbargainer, claim against the business public liability policy. once they settle your claim, cancel the policy with your insurer and get the refund.

    Edit, yes you do need to pay for the work done to your car, they are 2 separate things.

    • psj2019 on 27/07/2024 - 11:38
      +6

      Not sure if they would have to pay for the work done to their car, when they pretty much wrecked the car they were doing the job for. The mechanic should have been more responsible and honest as well. If OP didn't show up, what are the guarantees they would've come clean about it?

      I would personally refuse to pay for the work done if they screwed my car up that badly. A scratch or two would be fine if they offered to fix it, but they wrecked it by OP's description.

    • GordonD on 27/07/2024 - 11:39

      If your car is a write off, lodge a claim on your insurer, that's what they are there for.

      I would have phrased it differently.

      You have the choice. You can choose which coverage on your car to take advantage of. You can do it easy, and just put it in the hands of your insurance company, get what you are covered for, and leave it to your insurance company to fight it out with the mechanic's insurance company. Or you can advise your insurance company, and see whether what the other insurance company offers you is a better deal for you. It could come down to something like whether you insured for agreed value, whereas the other insurance company has to give you market value, and which of those is higher.

  • Cave Fire on 27/07/2024 - 11:39
    +2

    Yeah, I would check for other stuff. They may have messed up with the accident and then knowing they need to pay $$$, try to recoup some other ways…. If you had any work done recently, check that those parts are still on there.

  • Wiadro on 27/07/2024 - 11:44
    +18

    i wanna see pics of the damage

    • apsilon on 27/07/2024 - 11:49
      +10

      Ditto. Write off from driving into the hoist? At least two big impacts? BS. What sort of car are we talking?

      • JIMB0 on 27/07/2024 - 14:13
        +1

        Body repairs are expensive. It's easy to write off an old, low value car.

        • apsilon on 27/07/2024 - 14:32
          +5

          Yeah I used to be involved in the industry. Bumping into a hoist (somehow at least twice if the story is to be believed) isn't going to write off a car. Dropping the car off the hoist or crashing it on a "test drive" on the other hand….

          • Nugs on 27/07/2024 - 18:03
            +4

            @apsilon: May have been a hand brake slide parking attempt gone wrong
            .

          • rumblytangara on 29/07/2024 - 16:00

            @apsilon: I simply read the OP's wording as there being two areas of major damage.

  • 87percent on 27/07/2024 - 11:51
    +11

    About 20 years ago, My car was damaged while being test driven by my mechanic.

    The story was they had finished the car, and were taking it around the block. At the time, it was a ‘99 EK9, and was quite heavily modified. Apparently the guy was coming over a crest (in a back road mind you), and the sun was in his eyes, and he smashed into a tree.

    The story was bs.. I saw the damage to the car, and also the skid marks, and there was no way he was going 40-50km.

    I ended up claiming on my insurance and putting them as the responsible party because they kept pissing around

    • THICKnSLOW on 28/07/2024 - 09:44

      mechanics make shit drivers, that's why they are mechanics.

      • 2esc on 28/07/2024 - 12:45
        +2

        Not all mechanics i know a couple state level championship holders in hill climb and a nationals level drags in multiple classes. Look up some championship level drivers and a lot are if not mechanics or they are in a similar industry. Its only top level like f1, supercars big money car races where big money is required where you wont find them.

  • Gunnar on 27/07/2024 - 12:00
    +2

    I would lodge an incident with my insurance company and then wait to see wha your mechanic says when they decide what they are doing. If nothing else you have a formal record with your insurance.

    When you know what the mechanic is doing you can decide whether to go ahead with the claim. Ultimately your insurance is there for you, if they need to recoup costs then they will speak to the mechanic

    Speak to your insurance and they will tell you what to do here.

    I had a similar incident happen and did exactly this. Thankfully my mechanic paid for all the damage repair at a manufacturer approved workshop and also gave me my service for free, plus had a loan car for the time I was carless. No need for me to go through my insurance. YMMV

  • JDMcarfan on 27/07/2024 - 12:44
    +2

    you can have the incident recorded with your insurance, but ask them not to proceed with a claim until you give the go-ahead (to avoid them asking why you didn't report earlier if you claim in 2 weeks time). you can then go claim against the business' liability insurance and seek damages equal/greater than the agreed value of your car (as long as you can justify it) and receive a cash settlement.
    If they don't come back with an agreeable outcome, then you follow through with your own insurer and ask them to proceed with the claim.

    The other party's liability insurer would hopefully come aboard with this, as its a simpler and less costly option. YMMV.

    Its similar to having a carpark prang with another car. You have the option of claiming directly from them/their insurance or using your own (less headache).
    I've done this personally for a small rear-ender where the person agreed to pay cash for minor damage (I got a quote for them). They gave me a run around so I followed up on my claim with my insurer (I had notified them on the day).

  • Iwantthebestprice on 27/07/2024 - 12:47

    Do you drive a 06 Holden Barina! How does a mechanic in a tiny ass workshop cause write off damage backing into a hoist at no more then 10 k’s an hour.

    • Bruceflix on 27/07/2024 - 13:01
      +1

      its a 2005 Mazda 6. And I don't know how he did it but my layman's estimate would be $4k repairs + loan car.

  • MS Paint on 27/07/2024 - 13:35
    +3

    Upload the dashcam footage so we can see what happened.

    • Bruceflix on 27/07/2024 - 15:47
      +1

      They had unplugged my dashcam. Standard procedure in workshops.

      • rumblytangara on 27/07/2024 - 16:43
        +15

        Standard procedure in workshops.

        And now we know why…

        Anyway, good luck with getting all this sorted.

  • cloudy on 27/07/2024 - 13:56
    -1

    Preferably they would claim on their business insurance and you can get a payout through them then you wont have to pay excess. If you make a claim via your own insurance the excess is payable and likely non-refundable if it is a write-off.

    • 87percent on 27/07/2024 - 14:45
      +1

      If you know who the driver was, you provide those details to the insurance and they chase them for the excess

  • brad1-8tsi on 27/07/2024 - 14:24
    +9

    When I was on the tools I had several mishaps. Except for the Cressida that was written off during a test drive for a rattle (rattle wasn't an issue after that) the workshop paid for the other knocks and yes they got their service/repairs at a substantial discount or free. In hindsight, the "niceness" was wasted as none returned as customers.

    Unfortunately, stuff happens but I'd be concerned about their delaying tactics. If you don't want any hassles then claim via your insurance and let them argue with the workshop (which might try and do a cheap job).

    For those wondering:
    The Cressida was t-boned. The other driver was at fault.
    The hoist failed and the falcon fell down.
    A spring under tension came off the seat and shot into the car on the adjacent hoist.
    The intermittent soft pedal on some old Pommy thing (Wolseley 24/80??) became a permanent soft pedal (total master cylinder failure) as I drove over the hoist bump and I careened into my steel work bench.

    • Bruceflix on 27/07/2024 - 15:46
      +1

      Thank you for your detailed response. I've taken it on board and will wait until Monday when their insurance is supposedly getting sorted before I do anything.

  • randomusername2017 on 27/07/2024 - 16:19
    +1

    LMCT 42069

    Fantasy Island Motors

  • lost in transit on 27/07/2024 - 16:54
    +5

    If he's worth shit he'd say sorry we damaged your vehicle.
    I'll book it into the panel shop when it suits you or go around the corner I've already spoken to him and they'll fix it at no charge.

    Happened to the girlfriend's vehicle a few months back.
    Shit happens unfortunately.

    Goodluck

  • Bruceflix on 27/07/2024 - 17:03
    +7

    Not sure who is going around negging my comments. I mean, unlike most car crash threads here, i do have comprehensive insurance. And not from some dodgy insurance company. And i absolutely wasn't too blame as i wasn't even there. Some if the trolls here, seriously..

      • rumblytangara on 27/07/2024 - 21:24
        +7

        After the opening clusterf of this thread, you are still expecting anyone to take your opinion seriously?

      • nosey on 28/07/2024 - 10:01
        -1

        In my opinion AAMI is the best insurer for price and hassle free claims in Australia.

      • smartazz104 on 29/07/2024 - 07:56
        +1

        Now we know who's doing all the negging…

  • Stuj on 27/07/2024 - 17:09
    +3

    Don’t claim on your insurance, make sure you use theirs, regardless of fault the claim stays on your record for 3 years i think and can affect premium

    • Harold Halfprice on 28/07/2024 - 13:39
      +4

      You are correct. Some insurers will increase your premium even if you are not at fault and you've had no change to your "no claim rating".

      I've had this happen to me. They won't really tell you either, its just a calculation done behind the scenes and when it's time for renewal your premium goes up.

      Only reason I found this out was I had a not at fault claim occur after they already sent me my policy renewal, but before the existing policy expired. So they advised they need to send a new policy renewal with an increased premium…

      • Roney on 28/07/2024 - 15:11
        +2

        Can you do us ozbargainers a big favour by naming the insurer who does that? That's the essence of Ozbargain - protecting ourselves from the business scums. Just use abbreviation if you are worried.

  • Nillionaire on 27/07/2024 - 17:41
    -2

    Mechanics maintaining their reputation as the least professional people

  • Randxyz123 on 28/07/2024 - 01:55
    +1

    S*** happens. The business will have insurance. They are clearly dragging their heals slightly but maybe the person you spoke to dun f***ed up and has to wait for the owner/boss to come back on Monday.

    Your comprehensive insurance might just tell you to take it up with the mechanic but hopefully should be able to give them a push with a legal letter if needed.

    Do they have a email address? If not call them and ask for one. It is best to get everything in writing. At this stage, be firm but polite.

    Say that you understand mistakes happen but are disappointed that what was happening wasn’t communicated. Request that they take your car to a panel shop to be assessed and to come back to you no later than Wednesday with details of where it will be going and what is going to be done. Maybe use ChatGPT to write something.

    To answer your other question, yes you do need to pay for the work. If this happened to me and they were honest, I would happily pay for the work. If I had to keep chasing, I would ask for a significant discount.

  • VW-Kombi on 28/07/2024 - 08:12
    +3

    Happened same with my sons van, but they got it fixed by the time I picked up. Now he has one shiny new side and the rest looks like it’s from 1997 (which it is). No insurance mentioned: they should have a plan for this stuff themselves.

  • 82norm on 28/07/2024 - 09:33

    Next service, find a new mechanic.

  • Harold Halfprice on 28/07/2024 - 13:52
    +3

    If you can OP, it may be favourable to go through their insurance.

    This means you won't have to pay your excess, and you should be able to get a prorata refund on the premium (as your insurer isn't involved. But your payout will be based entirely on the other party's assessment. Not your insurance.

    You don't have to make a decision at this point, however, and you can wait to see what their assessment/offer is before deciding. If you are not happy with their assessment, you are still entitled to claim via your insurance.

    You should let your insurance know, so everything is documented - but that doesn't mean you have to proceed with the claim under your insurer.

    I had a motorcycle written off, not at fault. Had agreed value with my insurer, which was higher than the market value offered by the other party's insurer. However, if I claimed through my insurance, I would have had to pay the remaining premium on the policy and my excess. So in the end I was better off going through the other party.

    • Bruceflix on 28/07/2024 - 15:18

      Yeah, I'll be speaking with their insurance tomorrow. At least that is what the business has told me. Presumably once I have their claim number I can get my insurance to argue with them over the particulars without having to pay an excess. That's if I am not happy with their solution.

  • Trying2SaveABuck on 28/07/2024 - 17:35
    +1

    put a claim into your insurance let them deal with it and find a new mechanic this guy sounds like an absolute idiot

    he literally had a week to fix his mess and sat on his hands what a f—ken plonker

  • superuser on 28/07/2024 - 21:26

    Big or small shop has an insurance to cover everything, wait til monday for the shop owner comes back and solve your problem.

    Where is the shop so i could avoid?

  • JimB on 29/07/2024 - 00:18
    +1

    Advise the repairer that you wish to take it to your repair of your choice. Get a quote and ask them for a cash settlement.

    Take the cash and get a cheap repair on it. End of the day, it's a 19yo Mazda 6.

    I wish something like that happens to my old car. They'll be doing me a favour.

  • Boioioioi on 29/07/2024 - 07:29

    Make an insurance claim, tell your insurance what happened and give them the mechanics details. Hopefully it works out in a way the mechanic is at fault and not you. You can ask them this over the phone.

  • kaleidoscope on 29/07/2024 - 10:04

    Stop overcomplicating this… If the mechanic is just messing you around specially.

    Just lodge a claim with full details and hope you took photos of the damage before the mechanic could hide them over. You will have to pay the excess and the insurance company's job is to claim the damages from the responsible parties and once they do, you will get it back. What's the point of having insurance if you're sweating over their job?

    You can always withdraw a lodgement before you claim on it if something else happens such as mechanic pays you for the damage in cash or whatever that you're happy with.

    Good luck!

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