Thread: Problems following accident

Originally Posted by V8Ian

You can choose your repairer, the insurance company has no right to dictate where it is repaired or asses the vehicle. Technically, if you got quoted $20,000 the reinstate your car to the condition it was before the accident, they have to pay it; but you could have a fight on your hands if the costs were excessive.
You could also contract your choice of repairer, with a liquidator damages clause.
You are entitled to expenses incurred, such as tow trucks, taxis, hire cars et al, but again, excess amounts will invite retaliation.

Yes, I am aware of this. The problems are that it seems that the local smash repair business has a substantial backlog of work. And I do not have the time or capital to be chasing round afield for someone to do the work - I would have to drive there, get a quote, and, most probably pay at least a deposit while I tried to to get the money out of the Insurer. Same goes for getting a hire car.

Where if I get the insurer to handle things I don't have to lay out money, which, OK, I may be entitled to, but if I have to go to court to get it, I could be out of pocket for some considerable time, a bit hard on a pension. Of course, I could do nothing until I have the money from the insurer, but I really need to get it fixed. And I do not know what they would consider excessive costs.

John

If your insurer wants to write the vehicle off, as an Un-economical repair, and not as a UN-repairable write off, I would request the wreck,and take the $$$ and then purchase a rear X member ex UK (Richards Chassis do a rear X member from memory)or one from "Bearmach" and get it welded on at you local panel shop

As I understand it, all write-offs in NSW are now statutory write-offs and the vehilces cannot be re-registered except in special circumstances, e.g., rare or historic vehicles.

I was in RACV a while ago and overhead a client who was renewing his insurance the person behind the counter said be careful. As there is no pre inspection if after an accident it is determined that you vehicle is not worth what you say it is they will not pay agreed value. Because you provided false information. The vehicle was not as in a condition as you said it was. Possibly a reaction to insurance fraud?.

Originally Posted by p38arover

As I understand it, all write-offs in NSW are now statutory write-offs and the vehilces cannot be re-registered except in special circumstances, e.g., rare or historic vehicles.

Exactly and that is the reason that you don't want your insurance company having anything to do with an accident where the other party is at fault. If the insurance has no title to your car they can't slap a WOV on it.

pm sent John regarding a rear cross member section.

Thanks jerryd, unfortunately not compatible. While my enquiries have suggested there are no new crossmembers in Australia, several suppliers I have talked to have said they can supply new with about two weeks delivery.

To restate the situation.

I have two problems.

The first is that it seems that local repairers will not be able to even look at it for about two months. Spreading the net wider is a possibility, and one that the Insurer is looking at following a phone conversation late this afternoon (another hour on the phone, 32min of which were on hold). The problem with this is the logistics and loss of any control over what is happening. See problem two.

The second problem is the possibility that they may want to write off the vehicle, with the quoted repair cost exceeding the difference between market value and salvage value. I will not let the vehicle out of my control until I am satisfied this is not going to happen. In that case I will have little choice but to get a firm repair quote and send the owner (who will pass it on to the Insurer) a letter of demand for that amount plus my costs including my time and the use of a hire car while it is being repaired, and, of course, the solicitor's charges, plus interest.

The Insurer has already agreed to supplying an equivalent hire car while it is in the hands of the repairer, but I have told them I will not agree to some of the terms for this that they want to impose, including that I put up a deposit to the hire company and pay the insurance loading.

Mind you, none of this is in writing yet, so we will have to see what actually happens. They are supposed to phone me back tomorrow morning.

John

John

Have you spread your net a little wider for a repairer, perhaps Mudgee or Lithgow?

Diana