Crazy electric gates

drone · 06-11-2010, 07:43 PM

Was leaving a friends apartment last week and as i was driving through the automated gates they closed on my car. There's a dent and a 40 X 20cm scratch along my left passenger door. I've contacted the body corporate of the property and they've told me that they'll take care of it and to give my insurer their details.

Should i to go through my insurer? Or would it be easier just to take it to a panel shop and give them the quote?

Also can anyone recommend any panel shops in Melbourne? And will they have to spray more then the door to paint match everything?

Only had the car for a month, and really upset about the thought of having to bog up a dent on a new car. Then there's also the risk of the panels not matching after the spray :(

CODSASR · 06-11-2010, 07:54 PM

Not sure wich way to go with the insurence but I would be making sure that where ever you take it they dont put any bog with in a mile of your car make sure its done rite not just a patch up.

**GasoLane** · 06-11-2010, 07:57 PM

Why not ask the people you spoke to and see if they will let you get a few quote's.

sgt_doofey · 07-11-2010, 09:43 PM

Just give it to your insurance company. Save yourself the hassle of running around.

rancidpunx · 07-11-2010, 11:48 PM

Use your insurance thats what you pay them for. You will also get somewhat of a say with the repairs and repairer.

Dont let the body corporate take care of it for you as it will always be last on their "things to do list". You will also get the run around.
I made the mistake with my first new car that got damaged by a company and used their insurance because I didnt want to blot my claims history. I ended up having to speak with more than one person and forever having to wait for a call back. The company then tried to have "A Mate" fix it at which point I went berserk. I finally got the go ahead to get the repairs with my cheapest quote (my preferred shop) and upon completion went to pick up the car only to find the repairs were not authorised and would have to wait.

Lesson learnt, use the guys who are putting your interests first knowing someone else is footing the bill.

dave351cid · 08-11-2010, 12:26 AM

go through your insurance company.

they are the experts with dealing with these cases and as it was not your fault so there is no black marks on your record or excess to pay.

get onto your insurance company straight away and they should sort it out for you. you should be able to get the car fixed as soon as possible that way without waiting for the body corp mob to give you the run around .

if its a nasty scrape , brand new car= i would be asking for a brand new door.

from my experiances ( 3 not at fault claims) in these situations your insurance dont care what it cost to fix because someone else in paying.
if you find a good paint shop you shouldn`t be able to tell its been repaired. just finding the right shop is the hard part.

drone · 14-12-2010, 12:40 PM

I've finally gotten the call from my repairer saying the car is fixed. Only thing is after all this time the claim is apparently "still in dispute" and I'm still up for excess. At this point I'm livid cause I've provided the insurance company with all the details of who i spoke to and when, stating that they will take responsibility.

I've called my insurer blowing my lid quoting my insurance contract..

You will not have to pay any excess if:
a. the driver of your vehicle at the time of the accident
did not contribute to the cause of the accident; or
b. your vehicle was damaged while parked,
and for both circumstances you provide us with:

They're telling me they haven't been able to contact the said person, and have left messages to the receptionist. Isn't it there job to chase this up???

I dont understand how their inability to do there job properly is a reason for me to pay excess? They're telling me that i cant prove what happened/what was said until they speak to this guy. I cant pick up my car until i fork out the $800 which I'm definately not prepared to do. What the hell do i do?

Nickxb · 14-12-2010, 12:50 PM

Quote:

Originally Posted by drone

I've finally gotten the call from my repairer saying the car is fixed. Only thing is after all this time the claim is apparently "still in dispute" and I'm still up for excess. At this point I'm livid cause I've provided the insurance company with all the details of who i spoke to and when, stating that they will take responsibility.

I've called my insurer blowing my lid quoting my insurance contract..

You will not have to pay any excess if:
a. the driver of your vehicle at the time of the accident
did not contribute to the cause of the accident; or
b. your vehicle was damaged while parked,
and for both circumstances you provide us with:

They're telling me they haven't been able to contact the said person, and have left messages to the receptionist. Isn't it there job to chase this up???

I dont understand how their inability to do there job properly is a reason for me to pay excess? They're telling me that i cant prove what happened/what was said until they speak to this guy. I cant pick up my car until i fork out the $800 which I'm definately not prepared to do. What the hell do i do?

Pay the excess and collect your car. Ask for the matter to be reviewed through the insurers IDR process and seek a Final Decision Letter. If you are still not satisfied contact the Financial Ombudsman Service (FOS) - http://www.fos.org.au/centric/home_page.jsp and lodge a dispute.

From what i have read, the insurer has every right to confirm your version of events to the third parties (body corp) before making a liability decision. If they can't contact the body corp, try and find alternative contact details for them.

If you pay the exces and the decision is overturned then you will get your excess back.

I work in the disputes area for a large insurer. If you need any further advice, feel free to PM me.

Nick

drone · 14-12-2010, 01:12 PM

Quote:

Originally Posted by Nickxb

Pay the excess and collect your car. Ask for the matter to be reviewed through the insurers IDR process and seek a Final Decision Letter. If you are still not satisfied contact the Financial Ombudsman Service (FOS) - http://www.fos.org.au/centric/home_page.jsp and lodge a dispute.

From what i have read, the insurer has every right to confirm your version of events to the third parties (body corp) before making a liability decision. If they can't contact the body corp, try and find alternative contact details for them.

If you pay the exces and the decision is overturned then you will get your excess back.

I work in the disputes area for a large insurer. If you need any further advice, feel free to PM me.

Nick

Thanks heaps for the reply, but was in an IDR process?

Its been over a month since the claim was lodged. I am aware of the fact that they have to confirm my version of events. But that said it seems that if the other party refuses to speak to the insurer indefinitely i am considered responsible. After speaking to them today, all i've gathered that they've done is leave a few messages over the last few weeks. No legal action is being taken, and it seems like no one is taking the matter seriously.

The whole point of me going through my insurer was to make it easier to get my car fixed. Now i have a body corporate choosing not to speak to my insurer and my insurer doing close to nothing about it, and leaving me responsible for the accident. And now i have no car to get to work with. I cant get my car back unless i fork out $800 to my insurer which i cant afford less the 2 weeks before christmass. Its a farce as far as I'm concerned

saber · 14-12-2010, 02:05 PM

Quote:

Originally Posted by drone

The whole point of me going through my insurer was to make it easier to get my car fixed. Now i have a body corporate choosing not to speak to my insurer and my insurer doing close to nothing about it, and leaving me responsible for the accident. And now i have no car to get to work with. I cant get my car back unless i fork out $800 to my insurer which i cant afford less the 2 weeks before christmass. Its a farce as far as I'm concerned

Sorry mate to hear this.

Who are you insured with???

Quote:

Originally Posted by Nickxb

Pay the excess and collect your car. Ask for the matter to be reviewed through the insurers IDR process and seek a Final Decision Letter. If you are still not satisfied contact the Financial Ombudsman Service (FOS) - http://www.fos.org.au/centric/home_page.jsp and lodge a dispute.

From what i have read, the insurer has every right to confirm your version of events to the third parties (body corp) before making a liability decision. If they can't contact the body corp, try and find alternative contact details for them.

If you pay the exces and the decision is overturned then you will get your excess back.

I work in the disputes area for a large insurer. If you need any further advice, feel free to PM me.

Nick

If he does pay the excess, and the insurance company can't get in touch with anybody from the body corporate (which has been the case so far), he won't get back his excess fee (by your definition). If the cost to repair was less then the excess, has the OP lost some of their dough unnecessarily???

Nickxb · 15-12-2010, 12:32 PM

Quote:

Originally Posted by drone

Thanks heaps for the reply, but was in an IDR process?

Its been over a month since the claim was lodged. I am aware of the fact that they have to confirm my version of events. But that said it seems that if the other party refuses to speak to the insurer indefinitely i am considered responsible. After speaking to them today, all i've gathered that they've done is leave a few messages over the last few weeks. No legal action is being taken, and it seems like no one is taking the matter seriously.

The whole point of me going through my insurer was to make it easier to get my car fixed. Now i have a body corporate choosing not to speak to my insurer and my insurer doing close to nothing about it, and leaving me responsible for the accident. And now i have no car to get to work with. I cant get my car back unless i fork out $800 to my insurer which i cant afford less the 2 weeks before christmass. Its a farce as far as I'm concerned

Sorry, IDR is Internal Dispute Resolution.

As other have answered, the insurance company must confirm liability before an excess is waived. They will not engage in recovery action until they agree you are not at fault as this is just an extra cost.

Yu can try to negotiate with the insurer to get your car back if you enter into a payment plan for the excess. Maybe mention you can not afford the excess given the time of year due to financial hardship reasons.

It doesnt sound like the insurer is doing a whole lot to help you so i would recommend that you ask about their Internal Dispute Resolution process and see how you go from there.

Also if i were you i would get a contact number for a representative for the insurer and bug the body corporate to call that number everyday until they do.

Once contact is made, unless they dispute liability, a decision can be made.

Hope this helps.

Nick

Dave3911 · 14-12-2010, 08:56 PM

Quote:

Originally Posted by drone

I cant pick up my car until i fork out the $800 which I'm definately not prepared to do.

Just a question for those in the know, does a panel shop have the legal right to hold your car in this circumstance?

I wouldn't think they do.....regardless of any work done to the car, the car is your property. Civil disputes are decided in a courtroom - not by one party taking things into their own hands and holding the other to ransom.

Brazen · 14-12-2010, 01:11 PM

Just curious why its the Body Corporate's fault the gates shut on you? Were they defective, I would of thought being in control of the motor vehicle you are responsible?

It reminds me a couple of years back, I was exiting a carpark, put my ticket in the machine, boom lifted. I was just inching forward when I saw a pretty young woman trying to walk across the carpark driveway, so I halted the car and waved her across. ... as I waited and watched as she bubble-gum-walked across the driveway... BANG, the boom came right down on my bonnet leaving a mark across it... it was worth it.

drone · 14-12-2010, 01:16 PM

Quote:

Originally Posted by Brazen

Just curious why its the Body Corporate's fault the gates shut on you? Were they defective, I would of thought being in control of the motor vehicle you are responsible?

It reminds me a couple of years back, I was exiting a carpark, put my ticket in the machine, boom lifted. I was just inching forward when I saw a pretty young woman trying to walk across the carpark driveway, so I halted the car and waved her across. ... as I waited and watched her bubble-gum walk across the driveway... BANG, the boom came right down on my bonnet leaving a mark across it... it was worth it.

Because the gate should have a sensor to stop the it closing on a car going through. I spoke to the body corporate complaining there were no signs saying the gate was on a timer. And they told me that its not on a timer and it shouldnt have closed on your car because it has a sensor.

I dont understand how i am responsible. If i was walking through an automated door and it shut on me and injured me, i'm pretty sure it would be them who are responsible for the damages. I dont think the fact that i was in a car makes me responsible for the gates not working properly.

Brazen · 14-12-2010, 01:25 PM

Quote:

Originally Posted by drone

Because the gate should have a sensor to stop the it closing on a car going through. I spoke to the body corporate complaining there were no signs saying the gate was on a timer. And they told me that its not on a timer and it shouldnt have closed on your car because it has a sensor.

I dont understand how i am responsible. If i was walking through an automated door and it shut on me and injured me, i'm pretty sure it would be them who are responsible for the damages. I dont think the fact that i was in a car makes me responsible for the gates not working properly.

Cool, fair enough, just curious on how these things work.

FgNewbie · 14-12-2010, 06:14 PM

I'm amazed anyone said they would "take care of it".

Ignoring that, before you take on the insurance company... a different idea...

Drone you said you were leaving a friend's apartment.
I would ask the friend to hound the body corporate.

With the right approach, your friend may get a letter stating the body corporate will pay for the repair.

Alternatively, if your contact was a managing agent, your friend may get the body corporate to contact the managing agent with instructions and follow it through.

edit: before anyone says anything, I wasn't suggesting the body corp accept liability, only the cost of repair.

drone · 15-12-2010, 12:46 AM

Quote:

Originally Posted by FgNewbie

I'm amazed anyone said they would "take care of it".

Ignoring that, before you take on the insurance company... a different idea...

Drone you said you were leaving a friend's apartment.
I would ask the friend to hound the body corporate.

With the right approach, your friend may get a letter stating the body corporate will pay for the repair.

Alternatively, if your contact was a managing agent, your friend may get the body corporate to contact the managing agent with instructions and follow it through.

edit: before anyone says anything, I wasn't suggesting the body corp accept liability, only the cost of repair.

I wasn't actually quoting them as saying that they'll take care of it. My friend called them (body corporate) up 2 days after the incident because of the long weekend. She mentioned the same thing happened to her real estate agent. We were under the impression that the gate was on a timer. As such she called up complaining there werent any signs on the property warning about the gate or a time limit as the incident happened the day she moved in. His response was that the gate has no timer and actually has a sensor to stop it hitting a car. He said there must be and issue with the sensor and that he would have someone look at it.

I called up the following day, explaining the incident again, and he asked me how i wanted to go about getting everything sorted out. He asked whether i wanted to speak to his insurance directly. I told him i would give his details to my insurer and they could sort it out with their insurance.

rancidpunx · 14-12-2010, 09:37 PM

That sucks mate. I had the same situation as i said above in my first reply. Went to pick up the car but was told although the repairs had been authorised at first, the insurance company was now denying it and the panel shop obviously wont release the car without the work being paid for.
I was kinda lucky that I managed to get a direct number for somebody working on my case at some point and so had the repair shop ring that and I went ballistic. Car was then released.

drone · 15-12-2010, 12:53 AM

Quote:

Originally Posted by rancidpunx

That sucks mate. I had the same situation as i said above in my first reply. Went to pick up the car but was told although the repairs had been authorised at first, the insurance company was now denying it and the panel shop obviously wont release the car without the work being paid for.
I was kinda lucky that I managed to get a direct number for somebody working on my case at some point and so had the repair shop ring that and I went ballistic. Car was then released.

It actually really does sound the exact same thing happened in your case. Its actually hard to believe. I'm definately going to be considering my insurer alot more carefully next time. I havent been able to get a direct contact, i think i'll do that next as i've spoken to a few people on hand from the insurance company.

xisled · 15-12-2010, 08:05 AM

Your insurance company has done what any insurance company would do. Does not matter who you are with all insurance company's will hold an excess until liability is accepted.

In alot of these cases, you will not get your excess back. The reason being is that the insurance company needs to prove that the body corporate have been negligent, or for the body corporate to accept liability. For example has this happened before and has the body corporate done anything about it. If this is the first time something like this has happened, then pretty much the body corporate will deny the demands.

The repairer is legal allowed to keep the car, because if there is an excess on the claim the insurance company will pay the repairer the amount minus the $800 excess. So technically you have not paid for all the repair work.

I know this is not what you want to hear, but if you want your car back before Christmas you need to pay the excess. Even if you do take it to the insurance company IDR or the FOS, and wait for a decision you will not see your car until mid January, and alot of these disputes can go on for months, personally I had a claim that went for 6 months.

End of the day if the insurance company can hold them responsible for the claim then they will recover the full amount for the repair work so the insurance company themselves have a financial interest in recovering the money.

Now you said why are they not taking legal action, insurance company's do not take people to court, only very big claims they will issue proceedings against someone, the reason being the insurance company will send it to a recovery agent to keep costs down and also insurance company's do not want to be seen as debt recovery, so they pass it onto a company to act on there behalf.

I work for a large insurance company, I work in liability and handle these things on a day to day basis and alot of times these sort of claims take a long time to be finalised. So my advice pay your excess get your car back and let your insurance company try and get the money back.

saber · 15-12-2010, 11:13 AM

Quote:

Originally Posted by xisled

I work for a large insurance company, I work in liability and handle these things on a day to day basis and alot of times these sort of claims take a long time to be finalised. So my advice pay your excess get your car back and let your insurance company try and get the money back.

Op, do you know how much the repair would have costed?

If it’s less than the excess, maybe you shouldn’t have gone through insurance after all.....

pottery beige · 15-12-2010, 11:27 AM

i would be goins back there at 3am in a 10t truck and turnings those gates to ruins.......

LTDHO · 15-12-2010, 12:35 PM

What has your insurer told you in relation to the Body Corp accepting liability?

ThaFlash · 15-12-2010, 01:30 PM

does your mate own the appartment?

if he does he could certainly help your cause, because he pays the bod corp fees along with his fellow appartment owners.

who would want this sort of thing happening to their family or friends everytime they visit?

if they all got together they could kick up a huge stink.

drone · 15-12-2010, 03:55 PM

The body corporate has just told me that "they're no longer responsible for that particular property. And its under new management"

I just got the royal ******* screw!

aussie muscle · 17-12-2010, 12:55 PM

Quote:

Originally Posted by drone

The body corporate has just told me that "they're no longer responsible for that particular property. And its under new management"

I just got the royal ******* screw!

they may not manage it now, but they did when it happened, so they are still responsible.

xisled · 17-12-2010, 11:50 AM

Ok, you have not been messed around. You seem to be going about it the wrong way.
There is no point in contacting the body corp as you have given permission for your insurance company to act on your behalf. This is not going to be solved by 1 or 2 phone calls from yourself. You need to contat your insurance company and get them to get in contact with the body corp.

The insurance company might have not been able to do anything because there is certain amount of time they must wait and also certain letters they legally have to send out before taking the next step. As i said in my previous post these things do take time.

If you aint happy with the person who you are speaking to from your insurance company ask to speak with the next person up, like a team leader or supervisor.

The best advice I can give, let your insurance company do there job, if they can get the money out of them they will.

Powermonger · 17-12-2010, 12:14 PM

Hey, just new here but note with intrest this thread.

Had the same thing happen 2 or 3 years ago, but it was an automtic roller door underneath an aprtment building. Went though all the same bull*#*# that you are going through.

Took the insurance company about 3 months to sort out, but finally they did there job, and it all got sorted. Also - I had no excess to pay.

I must agree with Xisled -leave it to the insuirance company to sort out. All my ranting and raving got me nowhere at the end of the day.

blockhead83 · 17-12-2010, 02:34 PM

I had a really similar thing happen to me, had new remote roller doors installed at my house. There was something around here interfering with them and they would open and shut at random time.

One day as I was driving out of the garage the doors closed on the roof of the car and didn't stop and go back up like they should have. Called the roller door company and they admitted fault. Fixed the roller door but were stuffing me around getting the roof of the car fixed so I went through insurance.

Insurance company said I'd have to pay the excess to pick the car up, but they would pursue the roller door company and I'd get my money back.

Never happened :(