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Bad insurance story, be warned!

YO880

By YO880,
in New South Wales

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YO880 Mentor

YO880

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Hi Guys,

Just to let you know, my car was in a smash repairers getting some minor cosmetic work done, during it's time there the smash repairer was ram raided one night for my car. They luckily didn't take the car but they did do a good job of trashing the dashboard, steering column, ignition system and speedometer cluster. (around $4k quoted in damage).

The smash repairer was insured with commercial insurance through the NRMA, they have only now come back to the smash repairer (just under a month later) and rejected the claim as the smash repairer wasn't "liable". this means that i have now to either loose my no claim bonus and take it up with my insurer or pay the money out of my own pocket.. which with the premiums a young person with a turbo car , i just can't afford to loose my no claim..

not to mention that i have been without transport for a month now.. and it is likely to continue till i can get parts etc..

I will give credit to the smash repairer as he feels the same way i do about the responce NRMA has given.

Be warned that if you have your car in getting work done in future, be aware that if they are insured with NRMA you may have a lot of trouble if a claim arises!

I am so completely pissed off!

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PranK Grand Master

PranK

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Yo Kentster.

As I said before in that email, speak to Just Cars and ask them about it. They paid for my car to get fixed and then hit the liable party up for the costs afterwards so i didn't have to wait at all... Have you spoke at all to Just Cars? I think you might be pleasently surprised.

Christian.

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YO880 Mentor

YO880

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no not yet, that is tomorrow mornings task... (hahaha i thought you would be the first to respond!)

I am so disapointed with NRMA though, when i had an accident with my caprice 2 years ago they were fine (not my fault though), even got a hire car for 2 weeks.. i guess things change over the years..

bastards!

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YO880 Mentor

YO880

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yeah, a police report was filed and i have the number.. this is in no way going to be the last of the matter i can assure you!

i reckon in the middle of the night you wake up every 20 seconds to new message notifications in your head from SAU :)

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YO880 Mentor

YO880

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hahaha,

The car is on it's way to marks as we speak, hopefully it won't take too long to get all the parts together...

i will be happy when my clutch, gearbox and power fc, and my NEW dash is in :)

just hope it isn't too hard to find the bits...

i only wish i could find the bastards that did it!

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Southo Collaborator

Southo

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Just to let you know, the reason why your car wouldn't be covered is that the policy they have with the NRMA only covers damage where they are negligent. Of course they had no way of knowing about the break and enter, so they can not be deemed negligent. If they were driving your car , and pranged it, or if it fell off a hoist while they were working on it etc, then you may have some recourse.

Get the repairer to check if he has any other policies in force to cover property belonging to customers whilct damaged/stolen etc over night.

It's Not the insurance companies fault, it may be that the repairer didn't opt for maximum types of cover when they took out the policy in the first place.

For a person/company/insurer to be held liable for any damage, they must be deems to be negligent.

Cheers

Southo

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Sura Explorer

Sura

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if nrma doesn't cover you, thru the workshops insurance, and your car was in work shop.... doesn't that mean the workshop is liable for YOUR damages?

u had kinda placed it in there under their care....

otherwise, they can just keep making scratches and dents in your car and not pay.... cos.... they not responsible for it.

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Doctor Mentor

Doctor

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I thought that the company had a DUTY OF CARE towards any personal items on property owned by other than them. They should be fully responsible for any damages regardless of a ram raid or a car park accident.

Doc

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cereal Veteran

cereal

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Something similar happened to a friend's brother a couple of years ago.....

He just imported an Evo & was getting some work done on it & it got stolen from the shop.

He had to make a claim from his insurance policy & lost his No Claim Bonus.

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Blitz Grand Master

Blitz

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YO88O: The panel shop is solely liable in this instance... their insurance should cover any damage as a result of break in etc....

Sorry to hear...

I also know a friend of a friend whos WRX was at a workshop with a large amount of expensive gear in the boot.... the workshop was ram raided and the car stolen..... to my knowledge its still not sorted....

I hope you get everything fixed quickly without being drained from your back pocket :uh-huh:

Good luck dood

Nick

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Southo Collaborator

Southo

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Read my post again guys...

For a person/company/insurer to be held liable for any damage, they must be deemed to be negligent

Which of the following scenarios could be deemed the responsibility of the repairer....

1. They left it unlocked outside with the keys in it - ?

2. They let the 15 year old car washing guy drive it and he hit a fence

3. They are playing silly buggers throwing spanners around and one hits your car and scratches and dents the roofd

4. They lock the car up inside the workshop at night, and some ram raider smashes thru their front wall and bricks hit your car

5. Your car catches fire and burns the workshop down because of the dodgy wiring you did to get your neons working.

It could be successfully argued that they are definitely negligent in the first 3 examples, but Not for the 4th. That is outside their control.. As for the 5th, if this happened, who would pay for the damage ??, who would pay for the new workshop and all the other customers cars that got damaged ?? - YES, that's right - The negligent party - YOU

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