whose responsbility? nobody's apparently!

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matress

Well-Known Member
Joined
Apr 19, 2005
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Location
St Kilda
Hey guys,

As some of you already know, the motor in my VR4 has let go. It's lost compression on one cylinder and has subsequently dropped vacuum so fuel usage has gone through the roof, it's blowing heaps of smoke, and is filling the catch can with oil.

About 6 weeks ago I received a little knock in the ass which pushed me forwards into the car in front of me, which had a tow bar which gave my cooler a nice dint. The driver that hit me had no insurance, and since I'm fully comprehensively insured, I left it in the hands of my insurance company to fix it.

I do not have a choice of repairer, so the car went to the insurer's nearest repairer and was in there for 2 weeks. Given that I didn't know them from a bar of soap, I reset my trip meter when I dropped the car off so I could tell if it was driven when I picked it up.

They re-painted the front and rear bumpers bars, which I thought was unnecessary (a cut and polish would have done the job) and replaced the intercooler with a new one. This was all well and good. I received a call after the work was done saying that they couldn't get the car to start, or get any power, lights, etc. wouldn't work, so they said they would get an auto-elec in to sort it out. They called me back later to say the problem had been fixed (the battery wasn't grounded) and that the car was running rough.

I went and picked up the car after hockey training late one night (it was left on the street) and couldn't get it to start due to a flat battery. I jump started it off my girlfriend's car but then couldn't get it to idle.

Once there was enough charge back in the battery I decided to try to get it home but it wouldn't accellerate properly, was backfiring, and blowing an absolute shitload of smoke, aswell as popping big flames out the exhaust due to what turned out to be fouled plugs. The car struggled to get to 60km/h and stalled if it dropped below 2000rpm when I was stopped.

The next day, when I had some light, I discovered that the cooler pipe was disconnected from the cooler, but the hose-clamp was done up and still attached to the silicon joiner. I can only assume it had blown off, but now while I was driving it, as I couldn't get the car to build any boost.

I rang the repairer who completely deny driving the car at all, except from the hoist out onto the street.

I have been trying to sort it out with the insurance company over the last month or so who told me I "should not make accusations when I don't know the facts". Basically they don't want to know about it!

They have asked for a written report on the damage to be faxed, which I have faxed 3 times now, but they continue to say that they can't receive faxes because their machine is playing up, and refuse to discuss the matter verbally.

I'm extremely bloody pissed off... somebody should be accountable for this, but nobody will take any responsibility. It's also quite hard for me to prove.

I'm a bit stuck as to what to do now. I can't afford the ~$5,000 re-build cost, nor do I feel I should be the one having to pay for it.
 
I'd ring up and make an appointment with the person in charge of that insurance agency and failing negotiaon breakdown i'd get a solicitor involved.
 
Get there email address email the items to them even post it to them this way they can not make any reason

I had the same issue car went in to get fixed came back fudged with turbo hoses connected in wrong places spark plugs stuffed and cat all blocked up

long story short may have taken some time but they ended up paying for it and it also came to the point now i get choice of repairer and all that :D

good luck
 
As Dre said Matt.
This may be a bit off topic but mine dropped all compression in one cylinder last week and it turned out to be a stuffed valve. You might want to look into that as it could well be a fairly easy fix.
 
I would be getting a solicitor involved.. though it might cost you more than just rebuilding.

If i was in your position i wouldnt be negotiating over the phone.. I would be walking into the head office and asking to speak to someone there and then.

Get a mechanical report etc on the damages.. The findings etc. Maybe get the engine stripped down to further assess the damage. its going to have to happen anyhow.

How many km where on the trip meter when you picked it up?

But physically speak to someone there and I would be calm, state the facts. and say that this will be charged to the panel beaters through the insurance company as it was not like this when you dropped it off.

Keep pushing else they will just walk all over you. If you get not satisfaction just let them know that you will be seeing the local paper and getting intouch with 60minutes etc . If its a big insurance company ACA/60min will be happy to hear about how they are taking advantage of a young person. etc etc etc.
 
It is a big insurance company, probably the largest one which is marketed towards young people with modified cars. I think you all know which one I'm referring to.

The trip meter had 3km's on it when I got it back, that's a bit more than from the hoist to the street, and not even enough for the car to warm up properly.
 
i2obert said:
Get there email address email the items to them even post it to them this way they can not make any reason

I had the same issue car went in to get fixed came back fudged with turbo hoses connected in wrong places spark plugs stuffed and cat all blocked up

long story short may have taken some time but they ended up paying for it and it also came to the point now i get choice of repairer and all that :D

good luck


Your posts are getting harder and harder to read. Ever heard or punctuation??
 
Sorry

all my last 10 post well all my post from friday to right now. have been done with the stress of a 4 year old running around and bugging me.

Dam kids can get annoying

no offence to people with them but JESUS.
 
CLuTZ said:
I'd ring up and make an appointment with the person in charge of that insurance agency and failing negotiaon breakdown i'd get a solicitor involved.

I'd try the insurance ombudsman first. Won't cost you anything, but a solicitor will. The ombudsman will do their best to rectify the issue, THEN if you're not happy, go the solicitor.
 
ombudsman wont be able to do much for you without full evidence.

now i work in a bank adn have been told that only about 1 out of 10 cases brought to the ombudsman win - for the consumer side that is..

dont know if this is the same case for insurance though..

but good luck mate. worth i try i guess anyways.
 
yeh go to ur insurance company and kick scream and then kick scream and then some! dont take no for an answer!!!!!the dodgy cunts have to pay
 
S15ETA said:
yeh go to ur insurance company and kick scream and then kick scream and then some! dont take no for an answer!!!!!the dodgy CHEWED SCHNITZELS have to pay
exactly.
insurance companies play like that, their very quick to get their fees off you,
but when its their turn to pay up they cause massive commotion.
but keep at it, be persistant, and eventually they will give in if u make a big enough deal about it.
 
I guess another option would be to ring up one of those 'current affairs' shows that are on at 6.30PM weeknights, they can often get difficult situations like these moving a bit faster than the situation would without their involvement. However, being difficult to prove, they may not want to touch it .....
 
I wouldn't call Just Cars to deal with this, id go in to their offices personally, and bust some balls until a resolution was reached ...
 
They're definately not wanting to play ball. :evil:

After some advice from the Ombudsman, I just spoke to AAMI's consumer appeals section who is taking the claim to a "high level manager".
 
Good stuff, only thing is the insurance company may only have to pay for the original damage??. Any additional damage made to the car from the repairer is probably out of their responsibility and is between you and the repairer?. If the insurance isnt vicariously liable for it, then that'll suck. But get your own insurance company in to bat for you :)
 
Yes its his insurance company.

If they state that the issue is between yourself and the repairer. Make it clear that this was "The recommended repairer of the insurance company" and this would not have happened if you had have chosen your own repairer.

So it should still be there responsibility to rectify the issue. They may make the repairer pay for the repairs and allow you to take your car to your choice of repairer for the extra damages. make sense? LOL
 

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