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Car Insurance Your Rights Warning


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If you do not use the insurance company's approved repairer, your rights of redress are affected.

I recently had an accident where the other driver was at fault. I drive a BMW.

 

The third parties insurers did not have BMW in their approved network. Rather than use an unknown chosen by them that was NOT BMW, I chose a repairer who had done satisfactory work previously.

 

Unfortunately the repairer I chose. Decided to paint my car a different colour. Which was nice.

 

In a reply to my initial complaint to the insurance company asking them to make my repairs good, I received the following from the insurance company I quote:

Dear Mr X

 

We are unable to authorise further repairs to your vehicle as the garage used was not one of our authorized repairers.

 

Insurance company.

 

1. This rather does infer a sense of bribary does it not.

 

What did I do?

 

I called the FOS who told me that this was a grey area.

 

2. This indicates that if you have an accident it is ok for the repairer to do a bad job and even if you are not notified, your rights to satisfactory repairs seem to be unfairly affected.

 

What else did I do?

I called CAB - who indicated that the contract of "supply of goods and services" was between the insurance company and the repairer.

 

Then What?

 

I asked the third parties insurers if they were satisfied that a repairer had charged them for work that was not as described and potentially falsified their invoice.

 

Their response

 

This is not of our concern.

 

3. Does this not hint that they are condoning a form of insurance fraud or dishonest trading?

 

I then called again to the insurance company.

 

I stated to them that whilst this may be their policy, to force people to use their repairers effectively, that I was not made aware of this. Nor did I assume my statutory rights are effected in the event of breach of contract.

 

No Comment from the insurance company.

4. Surely they cannot enforce a rule unless you have agreed to it.

 

Evidence:

 

I requested that the insurance company send out an assessor prior to this complaint. The assessor wrote a report to them stating the work carried out was shoddy.

 

There are four other professional opinions stating the same thing.

 

The insurance company refuse to help, support or do anything!

 

So what about the repairer?

 

Well because I did not pay for it, they did not breach contract with me. They also have now

refused to do any more work for me in the future and made offensive and bullying remarks when I visited them.

 

Outcomes.

 

I want the car sprayed the right colour.

 

Any thoughts of help?

 

Please also make enquiries with your insurer -as you dont want this to happen to you.

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You choose the garage to do the work and have normal contractural rights

to sue the garage for not doing the work using the level of skill that would be expected.

 

If you are concerned about you not personally paying the garage,

you could issue the court claim in the joint names of the garage and the insurance company.

 

You would have to write to both the garage and insurance company,

a letter before action,

stating that it is your intention to issue a court claim for the value of £x ( get quotes for work necessary),

as they are jointly liable for repairing the car to its pre accident condition.

 

Advise them that unless they agree to pay for the necessary work to be completed within say 30 days,

you will issue the court claim, which will incur further costs.

 

This is more of a legal issue than Insurance.

 

If you want the CAG site team to move the query to the CAG general legal forum,

click on the triangle and ask them to do this.

 

I believe the above is correct, as you are basically in a three way arrangement.

 

You selected the garage,

the Insurance company agreed to pay the bill

and the garage were responsible for doing the work.

 

Both the garage and insurance company would be responsible.

We could do with some help from you.

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I like that - very warming response.

 

When i spoke to the CAB they said I do not have a contract with the garage under law and that I may only be able to claim third party losses.

 

I also looked up the small claims court which looks as though the maximum this could cost would be £1000 if I loose. Up to £400 for filing and up tp £400 for a ruling.. According to the website.

 

Would you change this letter?

---

 

Claim Ref – 12xxx

Thank you for your prompt letter and acknowledgement of your position.

From my understanding it is my right to chose any repairer and I exercised my right.

The chosen repairer ensured that they would be using BMW paint and that the work would be satisfactory.

I visited the repairer several times to rectify a number of issues including not fitting the bumper correctly. You also have a report from your assessor who claims that the work is not satisfactory.

What this indicates, is that the repairer is in breach of contract with you under the sale of goods and services act 1982.

During your telephone call with me it was inferred that your company policy was to treat cases differently based on the chosen repairer. As the third party I was not made aware that works carried out would not be subject to the statutory 3 years warranty under the above law.

This being the case I was not made aware by you of the implications of not using your approved repairer and thus I have been treated unfairly.

It was not my fault that your policyholder drove into the back of me carelessly. Nor is it my fault that the repairer seemed to cut corners upon the repair of my car. Furthermore, the repairer has insulted me when I raised the matter with them and they have refused to offer warranty on the work instructed by me, which you paid for.

I am upset that xx does not have a duty of care in place to ensure that those whom they employ carry out honest and acceptable work. It is my opinion that you should care about work you are being billed for and that it is as described.

I have suffered grave anxiety over this and lost considerable sleep. I have also hired a car at my expense whilst the garage once tried to re align the bumper on my BMW. I have visited five body shops to receive reports and quotations, and I have not been able to enjoy the use of my car.

This is my final request to you to

a. Make contact with the repairer and notify them that they are in breach of contract with you. They must arrange to collect the vehicle and supply a suitable hire car and make good the repairs. Then return the vehicle to me for close inspection by your assessor. Or.

b. Make arrangements for your authorized repairer to carryout the repairs.

At this stage I am forced to make this official complaint to you, then to pursue the matter firstly with the Financial Ombudsmen, the online forums and OFT and then via the small claims court to recover my losses.

My car is potentially grossly devalued as a result of this work; I am unable to sell the car, as it is clear work has been carried out to it. I am sure you understand my frustration. This is not a fair representation of the trust policyholders put in your company.

Yours sincerely

I am going to look how to move this thread if you think so.. Thanks so much for the help.

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I am upset that xx does not have a duty of care in place to ensure that those whom they employ carry out honest and acceptable work. It is my opinion that you should care about work you are being billed for and that it is as described.

Change 'honest' to 'professional'

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You have complete rights over the contract - Contracts (Rights of Third Parties) Act 1999

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Would you change this letter?

---

 

 

Claim Ref – 12xxx

 

Thank you for your prompt letter and acknowledgement of your position.

 

From my understanding it is my right to chose any repairer and I exercised my right.

 

The chosen repairer ensured that they would be using BMW paint and that the work would be satisfactory.

 

I visited the repairer several times to rectify a number of issues including not fitting the bumper correctly. You also have a report from your assessor who claims that the work is not satisfactory.

 

What this indicates, is that the repairer is in breach of contract with you under the sale of goods and services act 1982.

 

During your telephone call with me it was inferred that your company policy was to treat cases differently based on the chosen repairer. As the third party I was not made aware that works carried out would not be subject to the statutory 3 years warranty under the above law.

 

This being the case I was not made aware by you of the implications of not using your approved repairer and thus I have been treated unfairly.

 

It was not my fault that your policyholder drove into the back of me carelessly. Nor is it my fault that the repairer seemed to cut corners upon the repair of my car. Furthermore, the repairer has insulted me when I raised the matter with them and they have refused to offer warranty on the work instructed by me, which you paid for.

 

I am upset that xx does not have a duty of care in place to ensure that those whom they employ carry out honest and acceptable work. It is my opinion that you should care about work you are being billed for and that it is as described.

 

I have suffered grave anxiety over this and lost considerable sleep. I have also hired a car at my expense whilst the garage once tried to re align the bumper on my BMW. I have visited five body shops to receive reports and quotations, and I have not been able to enjoy the use of my car.

 

This is my final request to you to

 

a. Make contact with the repairer and notify them that they are in breach of contract with you. They must arrange to collect the vehicle and supply a suitable hire car and make good the repairs. Then return the vehicle to me for close inspection by your assessor. Or.

b. Make arrangements for your authorized repairer to carryout the repairs.

 

 

At this stage I am forced to make this official complaint to you, then to pursue the matter firstly with the Financial Ombudsmen, the online forums and OFT and then via the small claims court to recover my losses.

 

My car is potentially grossly devalued as a result of this work; I am unable to sell the car, as it is clear work has been carried out to it. I am sure you understand my frustration. This is not a fair representation of the trust policyholders put in your company.

 

Yours sincerely

 

 

 

 

 

I am going to look how to move this thread if you think so.. Thanks so much for the help.

 

 

I think your letter is too wordy. Be straightforward, keep it simple and to the point. You cannot complain to the FOS, as you are using the third parties insurers. The FOS only normally accept complaints from the policyholders of the insurance company and not third parties who are claiming against them.

 

As I said and has been confirmed by Bankfodder, you are not alien to the contract, because you own the car and have a relationship with both the garage and third party insurers. You therefore have rights over the contract because it directly affects you.

 

If you have legal expenses cover under your own Car Insurance, they may help you take the relevant action against the garage and third party insurers, at no cost to yourself. You should check on this, before you send any further letters.

We could do with some help from you.

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Ah ok here we are - So I have rights against whom under that act please?

 

Are you saying that I have rights against both repairer and the insurance company.

 

I am not able to ask my insurance company to assist as they are not anything to do with the accident.

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Ah ok here we are - So I have rights against whom under that act please?

 

Are you saying that I have rights against both repairer and the insurance company.

 

I am not able to ask my insurance company to assist as they are not anything to do with the accident.

 

Yes you have rights against the repairers and insurance company, because you/your car is the subject of the contract between the repairers and insurance company. Therefore the act that Bankfodder has linked in their post applies to you.

 

If you have legal cover under your own policy, that is to assist you with legal claims against a third parties and their insurers. Ask them.

 

Up to you whether you get rid of the car. It would depend how bad the repair is and whether the car is worth less as a result.

 

In your shoes, if the repair is that bad, I would get an independent assessment, plus quotes to get the work done. I would then give the third party insurers and the repairers once last chance to resolve the matter or I would issue a court claim against them. If you have legal cover under your own policy, they may help you do this.

We could do with some help from you.

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I have removed the names and replaced it with YOU etc what do you think of this letter?

 

Anyway I can end up with egg on my face?

 

I chose the repairer... they cocked it up... I complained.. they said p888 off... so did the insurance company....

 

Adress

 

Tuesday 20th May 2014

Dear Mr P8888

Claim Ref – 888

I acknowledge receipt of your letter dated 15th May 2014.

In relation to the accident dated * September 2012 cause by the insured, Miss ***, I refer you to your independent assessors report, which clarified that work undertaken on my vehicle was unsatisfactory.

I also have a record of a conversation between YOu and NAME of COMPANY stating you agreed with the assessor’s findings and authorized further work.

My rights to choose a repairer were exercised and I was not made aware that in doing so I might be affecting my statutory rights or my standard entitled consumer warranty period for vehicle repairs.

The repairer assured me that they would be using BMW materials and paints and that all repairers use the same paint products. I have since learned that this is not the case and that only BMW approved centres can access the exact paint match codes. This would also apply to your approved repairers.

The contract of service was between YOU and the repairer and thus as a result I have rights to pursue you under the Contracts (Rights of Third Parties Act 1999).

As a measure to be shown to reasonably mitigate my losses I have collated a report consisting of quotations from a repairers. Along with full colour digital images of the repairs YOUinstructed. Similarly this letter before action mitigates you from unnecessary legal costs.

I will be instructing a company to carry out the repairs and will be seeking redress from you and the repairer under the above Act.

If within the next 14 days you accept that I have been treated unreasonably and wish to exercise duty of care by offering assistance, I will be grateful if you could make contact with me.

Yours sincerely

Me

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I have removed the names and replaced it with YOU etc what do you think of this letter?

 

Anyway I can end up with egg on my face?

 

I chose the repairer... they cocked it up... I complained.. they said p888 off... so did the insurance company....

 

Adress

 

Tuesday 20th May 2014

 

Dear Mr P8888

 

Claim Ref – 888

 

I acknowledge receipt of your letter dated 15th May 2014.

 

In relation to the accident dated * September 2012 cause by the insured, Miss ***, I refer you to your independent assessors report, which clarified that work undertaken on my vehicle was unsatisfactory.

 

I also have a record of a conversation between YOu and NAME of COMPANY stating you agreed with the assessor’s findings and authorized further work.

 

My rights to choose a repairer were exercised and I was not made aware that in doing so I might be affecting my statutory rights or my standard entitled consumer warranty period for vehicle repairs.

 

The repairer assured me that they would be using BMW materials and paints and that all repairers use the same paint products. I have since learned that this is not the case and that only BMW approved centres can access the exact paint match codes. This would also apply to your approved repairers.

 

The contract of service was between YOU and the repairer and thus as a result I have rights to pursue you under the Contracts (Rights of Third Parties Act 1999).

 

As a measure to be shown to reasonably mitigate my losses I have collated a report consisting of quotations from a repairers. Along with full colour digital images of the repairs YOU instructed. Similarly this letter before action mitigates you from unnecessary legal costs.

 

I will be instructing a company to carry out the repairs and will be seeking redress from you and the repairer under the above Act.

 

If within the next 14 days you accept that I have been treated unreasonably and wish to exercise duty of care by offering assistance, I will be grateful if you could make contact with me.

 

Yours sincerely

 

Me

 

 

Seems ok. Suggest that you head this with. Letter before action - Notice of intention to issue court proceedings unless satisfactory agreement is made.

We could do with some help from you.

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Ok like it ....

 

The last time they wrote to me they said

 

"Because you chose the repairer, we cannot take any further action because they are not one of our approved repairers" I assume you agree that is a cop out.

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Ok like it ....

 

The last time they wrote to me they said

 

"Because you chose the repairer, we cannot take any further action because they are not one of our approved repairers" I assume you agree that is a cop out.

 

Yes that is a load of rubbish.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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