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VIC Car Insurance - Smash Repair Shop Rights?

Discussion in 'Insurance Law Forum' started by tam jan lim, 4 April 2015.

  1. tam jan lim

    tam jan lim Member

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    My car has been repaired under a comprehensive car insurance claim. the smash repair shop demands I pay him money which I have refuse and he has refused to give me back my car he had repaired. Has he the right to retain my car?

    I note he has had the Insurance assessor approval to carry out the work. I have asked him to provide me a written record of what work was carried out and parts replaced and he has refused.
     
  2. Sophea

    Sophea Well-Known Member

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    If this is through your insurer I would speak with your insurer about whether they will pay the mechanic directly or whether you are to pay and they will reimburse you. Usually I think they would pay the mechanic directly.

    Someone has to pay the mechanic and yes he has the right to retain your vehicle until you pay him - its called a "mechanic's lien". So it is for you to sort out with the insurance company who has to pay the mechanic directly.
     
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  3. tam jan lim

    tam jan lim Member

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    Please advise whether I have the right to know exactly what has been approved to be done and if not done what can I do about it. I suspect the smash repair shop has tried a fast one and not replaced parts as approved by the Insurance Adjuster?
     
  4. Sophea

    Sophea Well-Known Member

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    I assume you do, however I am not aware of the specific source of such a right if it exists.
     
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