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NEED LEGAL HELP re: Australian car repairs/insurance

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posted on May, 5 2011 @ 07:37 PM
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I was involved in a car accident (his fault) about 8 weeks ago. AMMI sent my car to a repairer in my town, the assesser called me the next day and advised me of damages and that repairs had been authorised; I asked if there was any damage to the chassis at all, he said no.
After long weeks struggling to get in touch with the repairers I was told it would be completed before easter (2 weeks ago); I called on the Thursday it was due to be repaired and was advised that it would not be completed for another fortnight as they were waiting on parts (somehow it was my responsibility to call them for this advice?).
It is now the second completion date they provided, and after another arduous struggle to get in touch with them this week, I have again been advised on the day it was supposed to be done (via text no less) that repairs will not be completed today as they are "having trouble lining up the chassis".
After contacting my AAMI service centre I have been advised that there is in fact damage to the chassis and they do not know how long it will take to repair (I do NOT want a car with a bent chassis).

I have been without transport for 8 weeks now with NO, I repeat, NO updates from the repairers or AAMI, the only correspondance I have had in regards to the repairs have been on the odd occasion that I can actually get in touch with them myself.
Do I have any legal avenues of pursuit here? I'm at my wits end.




posted on May, 5 2011 @ 07:41 PM
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This is easy. Use common sense.
Call a lawyer. It worked for me.
Good luck. I know it's a nightmare.
edit on 5-5-2011 by illuminatitanimulli because: (no reason given)



posted on May, 5 2011 @ 07:43 PM
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reply to post by illuminatitanimulli
 


Do I actually have any recourse though? I'll be contacting a solicitor after work, just seeing if anyone can shed any light in the mean time.

Edit - I see your edit, thankyou, I'm glad you worked it out - was your issue similar?
edit on 5-5-2011 by ballsdeep because: (no reason given)



posted on May, 5 2011 @ 07:47 PM
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For any sort of compensation you generally need to establish and prove "loss".

Unfortunately, them taking longer than normal to complete work probably won't result in you being able to claim compensation.



posted on May, 5 2011 @ 07:50 PM
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reply to post by ExCommando
 


Yes but I was advised that no damage to the chassis had occurred, now I don't have my car back due to chassis damage.
Further, I have had to spend quite a substantial amount of money on transport throughout this period, and have wasted money on two weekend trips I had planned as a result of their advise (and lack thereof).



posted on May, 5 2011 @ 07:51 PM
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reply to post by ballsdeep
 


was your car deemed a repairable write-off? If so you can request a complete replacement of your vehical due to the resale of your vehical now being directally affected by the accident.

You can ask them for the parts they are waiting to aquire ask where they are aquiring the parts from and request that they be called immediately and to be given an ETA of said parts. unless the parts are coming from overseas it only takes 2-4 busness days for car parts to arrive from the other side of the country. I know this because I'm in the car industry.

Always get the name of the guy you are speaking too. and when you call back ask to speak to the same guy (this put pressure on him in a way where he will ahve to ensure you it will get done) If they give you any lip just ask to speak to the manager straight away. to let them know your serious. Firm but friendly voice.

You always have the insurance ombudsmen to call for free legal advice.



posted on May, 5 2011 @ 07:52 PM
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reply to post by ballsdeep
 


I know it's painful to not have your car due to insurance work being carried out - but that's the thing about life, sometimes it's a bitch.



posted on May, 5 2011 @ 08:10 PM
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Originally posted by uselesshobo
reply to post by ballsdeep
 


was your car deemed a repairable write-off? If so you can request a complete replacement of your vehical due to the resale of your vehical now being directally affected by the accident.

You can ask them for the parts they are waiting to aquire ask where they are aquiring the parts from and request that they be called immediately and to be given an ETA of said parts. unless the parts are coming from overseas it only takes 2-4 busness days for car parts to arrive from the other side of the country. I know this because I'm in the car industry.

Always get the name of the guy you are speaking too. and when you call back ask to speak to the same guy (this put pressure on him in a way where he will ahve to ensure you it will get done) If they give you any lip just ask to speak to the manager straight away. to let them know your serious. Firm but friendly voice.

You always have the insurance ombudsmen to call for free legal advice.


I don't think so, at least it wasn't before this chassis damage, I was wondering whether it's a repairable write off now or not - I'll find out. It's a small company doing the repairs so I've already been dealing with the manager (when I can get on to them) who is useless and would prefer to text me than call me because he knows I'm only 21 and he thinks he'll get away with it.
They are no longer waiting on parts apparently, just the chassis work which wasn't even happening at all until today =\
I've contacted the ombudsman but they have a 5 day turn around so eh.
God I'm angry.



posted on May, 5 2011 @ 08:23 PM
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Commodore or falcon??



posted on May, 5 2011 @ 08:29 PM
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reply to post by drfresh
 


Impreza.

I replied this morning asking why it was my responsibility to contact aami and discover my chassis is bent etc, then replied again asking if it was now a repairable write off, in total disregard to my first enquiry he replied with "Your car is still repairable".
This is the idiocy I have been dealing with, I responded with "Yes appreciated, however if my car is a repairable write off then it is repairable by definition, though if this is the case I have options as the owner of the car who pays its insurance in regards to what happens, if it is a repairable write off I would prefer the repairs did not proceed thanks."

No response..
edit on 5-5-2011 by ballsdeep because: (no reason given)



posted on May, 5 2011 @ 09:30 PM
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reply to post by ballsdeep
 


Yeah thats your best option mate, If its a repairable write-off do not proceed. call vic roads or the RTA which ever state your in and ask them about chassis damage as I'm sure that makes a vehical a write-off. Then proceed with calling your insurance company asking them about the loss of money you will incur when the vehical is resold, (a write-off even when repairable greatly depreciates a vehical) That is a loss that you should not have to incur.



posted on May, 5 2011 @ 10:33 PM
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reply to post by ballsdeep
 


Yeah, only my vehicle was totaled. It took me over a year to get my insurance money to buy a new car. Had nothing but a motorcycle that whole time. Would've been worse if I got hurt thought.



posted on May, 5 2011 @ 10:38 PM
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reply to post by uselesshobo
 


Thanks heaps mate I'm about to get vicroads on the horn, will update afterwards.



posted on May, 5 2011 @ 10:39 PM
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reply to post by illuminatitanimulli
 


WHAT? Are you in Australia?



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