How long is too long to wait for a vehicle repair?

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GMac

Member
24 August 2021
2
0
1
My vehicle hit a scaffolding foot on the road in mid April. I do not have the details of any other driver to claim against.
  • I have claimed it on my insurance and the insurance company have accepted the claim.
  • My car sustained significant damage the undercarriage and snapped the K-Frame.
  • The estimated cost of repair is around $7,000.00
  • My vehicle is comprehensively insured for $19,000.00
  • My vehicle is a 2009.5/10 model
  • The parts have been on backorder from Germany since April. Covid-19 delays have been mentioned.
  • The insurer has indicated that they will only use new genuine parts.
  • No second hand parts are available.
  • The date of return has been pushed back repeatedly and I have now been waiting 4 months.
  • A request for a replacement/courtesy vehicle was made and was rejected.
  • The repairer has advised me that the date has been subsequently pushed back again until mid September.
  • I have contacted the insurance company and they have advised that there is nothing that they can do about the delay.
  • The insurance company have offered to waive the insurance excess, however I have not accepted this offer as the amount of money that I have had to continue to pay for registration, TAC premium and insurance premium (without the luxury of the use of the car) is now greater than the cost of the excess alone.
  • I have been asked by the insurance company to supply documentation of these amounts to the complaints department to find a resolution.
  • The insurance company have been pretty good, however I still have don't my car, they refused to provide a courtesy car and I've had to buy a new vehicle to get around in.
I either want my car repaired and returned or I want the vehicle written off.

So my main questions are:
  1. How long is considered a reasonable time to wait for a vehicle repair?
  2. How long is considered a reasonable time to wait for parts?
  3. Is there a law, act or regulation that stipulates that if repairs can not be carried out within a specific timeframe, then the vehicle must either be paid out or declared a total loss/write-off?
  4. Is there anything else that can be done?
Thanks in advance,
GMac
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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748
2,894
Sydney
My vehicle hit a scaffolding foot on the road in mid April
You mean "you hit", surely?
Or was somebody else driving?

1. For specialised, must-be-new parts, from overseas, in current circumstances?
All bets are off. There is no concept of "how long is reasonable" to apply in current circumstances.

2. See question 1.

3. No.

4. To force the insurer to change their mind, in circumstances that are not of their making, and beyond their control?
No.
 

GMac

Member
24 August 2021
2
0
1
You mean "you hit", surely?
Or was somebody else driving?

1. For specialised, must-be-new parts, from overseas, in current circumstances?
All bets are off. There is no concept of "how long is reasonable" to apply in current circumstances.

2. See question 1.

3. No.

4. To force the insurer to change their mind, in circumstances that are not of their making, and beyond their control?
No.
Yes Tim, I was driving. I hit it. Don't be such a [email protected]

The scaffolding foot fell from the back of a vehicle travelling in the opposite direction. My car immediately lost power steering and needed to be brought to a stop.
By the time I stopped swearing and brought my vehicle to a stop, walked back down the road to find the offending item, and inspected my car, the other vehicle was long gone.

So I guess you're saying that if it takes 12 months or more, and I still haven't had my car repaired and returned to me, because covid, that's OK?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,230
748
2,894
Sydney
What I'm saying is that you don't have to like it, but there is seemingly no alternative.

Ask yourself what part of this is within the control of the insurer?

Perhaps you think they could have made a choice to use second hand or non-OEM parts.
Well, perhaps not.
It's entirely possible that the insurer's re-insurer will themselves be insisting on the use of new parts.
 
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