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02-06-2010, 03:47 AM | #1 | ||
Starter Motor
Join Date: Jun 2010
Posts: 4
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Hi Guys. I'm new here so I hope I've posted this in the right section.
Here's my problem: I live in NSW and I've got a 98 Fairmont. It is in excellent condition, runs great, no smoke, no oil etc. There is nothing wrong with this car at all. We've looked after it well and it's still in showroom condition. The other day someone reversed into it and damaged one of the rear doors. They admitted it was their fault which was fine because I only have TPPD on it. The problem is that their insurance company, GIO, wants to write the car off. I've been to a couple of smash repairers and they say it's repairable but when they contact GIO they are given the same answer: write it off. But I don't want the car written off. It's only a dented door and it's a good car. I know what will happen. They will give me bottom book price for it and then I'll be lumbered with the inconvenience of finding another car which almost certainly won't be in as good a condition as mine. It's our car, we were minding our own business when their client damaged it and now they want to write it off. Can they do this? What if I just went ahead with the repair and sent them the bill? After all it's my car. Any other ideas/advice? IMO writing off a good car for the sake of a damaged door is a crock. I smell a massive rort. |
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02-06-2010, 05:20 AM | #2 | ||
Regular Member
Join Date: Jan 2010
Location: Hills District, NSW
Posts: 108
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Talk to GIO and see if they will cash settle ou without writing the car off - this does happen where and owner wants to keep the vehicle and pay direct for the repairs
Alternatively, If it is written off - it will only be as a "repairable write off" that you should be able to buy back from GIO as the owner As the laws don't change until Late August - you probably have enought time to fix it, get it blue slipped and then re-rego'd as a repairable write off First option is probably the easiest though |
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02-06-2010, 07:44 AM | #3 | ||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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As you are claiming for the other party's insurer, you will able to retain the vehicle whilst still being paid for it (market value less salvae value).
If your car is in show room condition, then before accepting settlement, dispute the MV by looking for similar vehicles currently for sale. The only down side to it being a write off, is you will need a VIV. If you are successful in increasing the MV and they still write it off, then should have the money to do the VIV.
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1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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02-06-2010, 07:59 AM | #4 | ||
FF.Com.Au Hardcore
Join Date: Feb 2005
Location: Sydney
Posts: 575
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Its your car, and the other party damaged it. It is their responsiblity to fix it. The involvement of their insurer is irrelvent.
You have the right to insist on the damage being made good by the other party. My advice is to reject the offer by the GIO, and make a statement of claim on the other party. |
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02-06-2010, 12:22 PM | #5 | |||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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Quote:
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1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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02-06-2010, 12:57 PM | #6 | ||
OzEcruisers PRESIDENT
Join Date: Mar 2005
Location: Melbz
Posts: 15,761
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It's a write off doesnt give you much information!
Has this car been assessed by GIO? - if yes have you got the copy of the assessment report? I would be asking for a copy of this before you can consider any offer from GIO Did you go to one of GIO's "Aprroved" repairers to obtain a quote? if yes how much was the quote? I would also be asking for a copy of this.
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1994 Ford Fairmont EF NA 6cyl Man 3.9 diff Sedan PROEF 13.46 @ 105.78mph Tuned by DYNOMOTIVE 200BUX - AFF Drag Nats 2019 EF Wagon
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02-06-2010, 04:45 PM | #7 | ||
Regular Member
Join Date: Mar 2009
Location: Toowoomba, Queensland
Posts: 431
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You could try ringing the Financial Ombudsman Service for advice on where you stand. I had issues with Suncorp recently and these guys knew the laws and policy better than the 'machines' (some were helpful, others not) I was dealing with over the phone.
Normally The Financial Ombudsman Service should only be contacted after an attempt has been made to resolve any complaints directly with the insurance company but they were helpful enough to give me some up front advice to start with so I could communicate more knowledgeably with Suncorp. http://fos.org.au/centric/home_page.jsp |
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03-06-2010, 10:16 PM | #8 | ||
FF.Com.Au Hardcore
Join Date: Apr 2008
Posts: 5,504
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Hi considering the replacment of an el would be about $2000+ or an au $6000+ on just a quick look on ebay and its not your insurance company ask for a payout on what it would cost to replace not on the book value then ask if they will repair it. Cheers MD
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02-06-2010, 08:00 AM | #9 | ||
Where to next??
Join Date: Oct 2006
Location: Sydney
Posts: 8,893
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A VIV stays on the cars record as well doesn't it? This may cause issues down the track if or when you decide to sell.
If you do go down the path of repairable write off, get it well documented that it was due to a damaged door, and take pics. GIO is acting pretty poorly. Before you do anything that you feel is not in your best interest take it up with the Insurance Ombudsman. Last edited by Yellow_Festiva; 02-06-2010 at 08:05 AM. |
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02-06-2010, 10:31 AM | #10 | ||
Regular Member
Join Date: Sep 2005
Posts: 176
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Don't automatically assume that the insurance company will try to rip you off on a write-off price.
If they authorise the repairs then they become responsible for ensuring the car is repaired to your satifaction, and potentially on-going issues related to the damage or repairs. Once they write it off the matter is closed. If you opt to take the write off and buy the wreck, you might be able to get it fixed, viv'ed and re-registered with a nice chunk of cash in your pocket for your trouble. |
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02-06-2010, 08:43 PM | #11 | |||
buickman
Join Date: Dec 2004
Location: eastern suburbs Melb Vic
Posts: 1,462
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Quote:
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02-06-2010, 11:36 AM | #12 | ||
Starter Motor
Join Date: Jun 2010
Posts: 4
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Thanks for your help people. Some stuff to think about.
I think I'll go with hawke's suggestion, mainly because I don't take too kindly to being pushed around by big business or anyone else. Any other ideas? Last edited by dinlochavo; 02-06-2010 at 11:44 AM. |
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02-06-2010, 05:21 PM | #13 | ||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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Sorted, they do not have to provide a copy of the report, nor would it be useful to request.
Oh, It's Insurance Ombudsman. They can offer help but can not assist until you have escalated it with the insurer first.
__________________
1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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02-06-2010, 06:15 PM | #14 | ||||
Regular Member
Join Date: Mar 2009
Location: Toowoomba, Queensland
Posts: 431
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Quote:
LTDHO I know it's nit-picking but it used to be the Insurance Ombudsman but several agencies now work under the one umbrella. Quote:
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02-06-2010, 06:23 PM | #15 | ||
FF.Com.Au Hardcore
Join Date: Feb 2005
Location: Sydney
Posts: 575
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You may find that the Insurance Ombudsman services are limited to Insureds that have a dispute with an insurer. As you are a third party, you may not be able to take part of their external dispute resolution service.
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02-06-2010, 07:51 PM | #16 | ||
Ford Fiesta
Join Date: Sep 2009
Location: Melbourne
Posts: 235
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They will cash settle you if you ask for it (for the 'reasonable' cost of repairs).
Alternatively you can have them write the car off and pay you out something, and keep the car and repair it that way (less attractive, reduced future value). |
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02-06-2010, 09:02 PM | #17 | ||
Regular Member
Join Date: Mar 2007
Location: Mexico Vic
Posts: 356
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Its not your insurance company and its your car so tell them to **** off.
Last edited by au adam; 02-06-2010 at 09:18 PM. |
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02-06-2010, 09:33 PM | #18 | |||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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Quote:
__________________
1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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05-06-2010, 04:11 PM | #19 | |||
Regular Member
Join Date: Mar 2007
Location: Mexico Vic
Posts: 356
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Quote:
Last edited by au adam; 05-06-2010 at 04:22 PM. |
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02-06-2010, 09:39 PM | #20 | ||
OzEcruisers PRESIDENT
Join Date: Mar 2005
Location: Melbz
Posts: 15,761
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LTDHO we request assessors reports all the time, can't see you reason as how it can not be useful? If the assessors report is the reason why the car is a write off then the client is entitled to see that.
Its not the insurer's car, its the client's car - many people who work in insurance don't seem to know the difference. Also many insurers are in the habit of not giving a copy of the repair invoice to the insured so they actually know whats been repaired on the car - this again is an act of an insurer not knowing who's car it is. We have had many cars that have been deemed write offs by insurers over these Hail Claims and even though the assessor has deemed them a write off we have had the cars repaired and back on the road as requested by our clients. We find that the quote as supplied by the preferred repairer is too high which pushes the vehicle into the write off category. Client obtains a cheaper quote for repairs and therefore balance sways back that the car is more ecominical to repair than write off Win for the insurance company and win for the client. We work on behalf of the client and not that of the or agent of the insurer like you do so we have a different way of thinking..............................
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1994 Ford Fairmont EF NA 6cyl Man 3.9 diff Sedan PROEF 13.46 @ 105.78mph Tuned by DYNOMOTIVE 200BUX - AFF Drag Nats 2019 EF Wagon
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02-06-2010, 09:46 PM | #21 | |||
Back to Le Frenchy
Join Date: Feb 2005
Location: Back home.....
Posts: 13,346
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I love all the expert opinions.
I would of thought it quite hard to give anywhere near an accurate opinion at all considering that the only info given is that there is damage to a door. Not even a photo, for all any of the so called "experts" here giving away free advice know the damage could be quite substantial.
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03-06-2010, 02:03 PM | #22 | |||
FF.Com.Au Hardcore
Join Date: Apr 2007
Location: Miranda, NSW
Posts: 6,771
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Quote:
What looked like an easy repair to me (a panelbeating novice) ended up being quoted from repairers at $2,200 and the car was away for a week. Now assuming your car is an AU (could be an EL) it would be worth around $8 grand. That being the case I'd suggest the insurance companies desire to write off is probably the sensible thing to do gicbveb that if repairs are 3 grand that is a fair % of the vehicles worth. The issue you'd have is whether they pay you fair value for it. This is why I will always comprehensively insure as at least you have a predetermined value if someone does hit you and it is a write off.
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2005 BA MK2 FPV GT - 6 SPEED MANUAL , SILHOUETTE, SWISSVAX, SUNROOF, BILSTEIN AND LOVELLS, FACTORY GENUINE 19'S, X-FORCE STAINLESS QUAD CATBACK, ADVANCE HEADERS, 200 CPSI CATS, BLUEPOWER CAI, HERROD BREATHER KIT, 4:11 DIFF RATIO, MAL WOOD OPT 3+ CLUTCH, BILLET SHIFTER, MELLINGS 10227, NOW WITH REVERSE CAMERA/SENSORS, ALPINE SPEAKERS & SUB - CUSTOM TUNED TO 275 RWKW NOW WITH A NEW ADDITION - 2017 MUSTANG V8 GT FASTBACK - , 6 SPEED AUTO IN PLATINUM WHITE, |
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02-06-2010, 10:23 PM | #23 | |||
Ford Fanatic
Join Date: Feb 2005
Location: Brisbane
Posts: 1,480
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Quote:
Let me give you an example of what I am talking about. I had a person open thier door onto my door in a car park causing a small dent. The recovery on this claim is $275.00 excluding gst. (this give you the idea we are talking about a very minor accident. I work in motor claims recoveries and settlements. I am insured with the company I work for. (No I am not looking after my own recovery) However when I took my car 2007 TX Territory in for assesment. I was very particular in asking the assessor to do a walk around of my car and note any other marks or blemishes. I have a tiny paint chip on the front right wheel arch, a few light scratches where I have driven past a tree and general wear and tear, (no other dents or rust) On the assesors report he had noted all these things down. Now without having seen the car you would swear it was in bad disrepair. Nothing could be further from the truth. The only reason I asked the assesor to mark all this down was if it had of come back from the repairer with anything that was not there previously I had the assessor to back me up. That is a simple example of how an assessors report is useless to somone who has obviously not seen the vehcile in the first place.
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Everyone is entitled to my Opinion 2007 Territory TX SY RWD Ego |
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03-06-2010, 07:27 AM | #24 | |||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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Quote:
__________________
1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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03-06-2010, 08:03 AM | #25 | ||
OzEcruisers PRESIDENT
Join Date: Mar 2005
Location: Melbz
Posts: 15,761
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Assessors report would state Pre Accident Value
Also would state salvage value Also would state Repair Costs If the pre accident value is low it would be stated on the assessors report, eg tyres are bald, dent here, scratch there, etc etc Also watch out for rogue insurers like Racv, Gio, Aami and the like that if they write your vehicle off they keep the balance of the registration that maybe you just paid? - not 100 % sure if the all do that be I will assume. Alot of smash repairers are flexible in price and quote higher if an insurer is involved as they know the assessor will reduce the quote. This is the reason they ask of it's a cash job or through an insurer. So how much is this quote for this minor damage?
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1994 Ford Fairmont EF NA 6cyl Man 3.9 diff Sedan PROEF 13.46 @ 105.78mph Tuned by DYNOMOTIVE 200BUX - AFF Drag Nats 2019 EF Wagon
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03-06-2010, 08:28 AM | #26 | ||||
Back to Le Frenchy
Join Date: Feb 2005
Location: Back home.....
Posts: 13,346
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Quote:
Also how do you know that it is minor damage? For all you know the door may have been stoved in and bent the pillars.
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07 Renault Sport Megane F1 Team R26 #1397
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03-06-2010, 08:44 AM | #27 | ||||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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Quote:
Quote:
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1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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03-06-2010, 07:22 PM | #28 | ||||
Ford Fanatic
Join Date: Feb 2005
Location: Brisbane
Posts: 1,480
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Quote:
When you sell a car the balance of the rego goes with the car. (which is essentially what happens when a car is written off, you get fair market value) You really are putting a lot of misleading info out there mate. Quote:
Kind of like the differnce between a cubic zirconia and a diamond.
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Everyone is entitled to my Opinion 2007 Territory TX SY RWD Ego |
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03-06-2010, 02:28 PM | #29 | |||
Regular Member
Join Date: Mar 2009
Location: Toowoomba, Queensland
Posts: 431
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Quote:
I had even sourced another body with all necessary spare parts that I was going to give to the repairer. This would have knocked about $1800 of the repair quote but Suncorp still wanted to write the car off. I insisted I wanted the car repaired but they insisted that it was now theirs and it was going to be written off. I took my complaint as high up the chain as I could get but I was still fobbed off by some arrogant department manager. Now I am still trying to track the car through the auctions so I can buy it back. |
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02-06-2010, 09:52 PM | #30 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: NSW Central Coast
Posts: 1,266
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i had a simalar thing happen to me..
i got rear ended and the other person's insurance said it was a total loss. they payed me out $4'900 and i kept driving it around for a while then got it fixed for under $1000, never had to get a VIV check or anything |
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