My RA is a write off and claim is under review

[shamrockshirts]

You may be right but have you thought the other vehicle is also insured with NRMA?

Thats exactly what I was thinking....

I've just found out that from a legal point of view if they have deemed your car unroadworthy (due to the atmospheric BOV) regardless of where the blame lies they ARE fully entitled to cancel your insurance policy.

This means you will have to pursue any claims directly with the person at fault. NRMA do not and probably will not get involved as your insurance policy is null and void. If this happens you're personally in for a lengthy and costly legal battle with the other driver.

I sincerely hope this is not the line they take.

P.S. I wonder how many owners are going to pull off their atmospheric BOV 's...

[Jim G]

The "illegal" modifications don't necessarily have to directly relate to the accident - insurance companies often have a clause stating that you must keep your car in a condition so as to meet the road registration rules (having nothing to do with the age of the car and whether it actually HAS to be inspected or not - it just has to meet the requirements) and failure to meet those requirements may void your policy. Check the wording - even go over it with a lawyer.

Nothing to do with being at-fault or not - it's purely between you and the policy wording.

Whilst I agree with what you're saying from a legal viewpoint, it is indeed what you have agreed to in the PDS from the insurer. I think in this case, NRMA won't be as inclined to refuse the claim as the OP was not at fault at NRMA will be reimbursed from the at-fault driver's insurer. So there is hope. In the instance if the OP was at fault, insurers can dig their heels in on the most trivial of issues to avoid paying out.

You may be right but have you thought the other vehicle is also insured with NRMA?

Hmm, very good point. I suppose that would result in NRMA cancelling the at-fault driver's policy and then taking said driver to court for the damages on behalf of the other party.

I hope that doesn't happen here

[Dejan]

Hi all,

Firstly, just wanna say thank you so much for all your support and feedback and encouraging comments, tho there's something here i want to clarify first.

The police actually deemed myself to be the one that is AT FAULT, reason being i was the one who was coming out of the intersection and joining onto the main road and I failed to check both side clearly, hence i was the one that was at fault, and I WAS BOOKED!! The other was travelling straight ON MAIN ROAD doesn't matter he came out of the opposite interseciton, he was already ON THE MAIN RAOD, therefore considered as travelling straight, and i was turning ONTO the main road, even tho the guy could be spending at the time and due to the damage he might well have been but police couldn't be bothered explaining it and just went with the obvious so I WAS AT FAULT, he was NOT!!!

The other thing i wanna talk about is that, while FINDING A lawyer is cool, in this case you are talking about the giant of NRMA, i'm not sure if they'd be put off or scared by a just a simple letter sent by ANYONE, while i'll prolly be on the receiving end of a $800 bill for the effort of writing up that letter. It is still currently under REVIEW, so maybe i'll wait for the final outcome is decided first??

Btw, they WILL NOT BE able to recover the cost from ANYONE, simply because POLICE deeemed me the one to be AT FAULT, nvm he was speeding which i can't prove and its too late anyways, so it is ALL THEIR money and no doubt they will be fighting EVERY DOLLAR OF IT.

Due to the fact that NRMA are paying for the bill, they of course like anyone wouldnt want the car to be written off otherwise its a $55000 bill as opposed to say $10,000. IN this case:

Would it be advisable to ring up Mitsubishi to find a repair company which THEY WOuLD RECOMMEND??? Becuase i dont want NRMA to send the car to some dodgy repairer which they are mates with and the guys do a dodgy job to make sure the car can roll on the road and thats it. If so, can anyone recommend me the MOST EXPSIVE AND TRUSTED REPAIRER out there that you know of or Mitsu would recommend?? I want the bills to be as expensive as possible, so that i can be warranted of a write-off otherwise I need to make sure my car will go back to its ABSOLUTE originial condition and i'm going to FIGHT FOR THAT and wouldn't barge one inch.

Sorry about the length of this post, thanks again for all your help, i need all the ones i can get at this point.


Dejan

[Jim G]

Hi all,

Firstly, just wanna say thank you so much for all your support and feedback and encouraging comments, tho there's something here i want to clarify first.

The police actually deemed myself to be the one that is AT FAULT, reason being i was the one who was coming out of the intersection and joining onto the main road and I failed to check both side clearly, hence i was the one that was at fault, and I WAS BOOKED!! The other was travelling straight ON MAIN ROAD doesn't matter he came out of the opposite interseciton, he was already ON THE MAIN RAOD, therefore considered as travelling straight, and i was turning ONTO the main road, even tho the guy could be spending at the time and due to the damage he might well have been but police couldn't be bothered explaining it and just went with the obvious so I WAS AT FAULT, he was NOT!!!

The other thing i wanna talk about is that, while FINDING A lawyer is cool, in this case you are talking about the giant of NRMA, i'm not sure if they'd be put off or scared by a just a simple letter sent by ANYONE, while i'll prolly be on the receiving end of a $800 bill for the effort of writing up that letter. It is still currently under REVIEW, so maybe i'll wait for the final outcome is decided first??

Btw, they WILL NOT BE able to recover the cost from ANYONE, simply because POLICE deeemed me the one to be AT FAULT, nvm he was speeding which i can't prove and its too late anyways, so it is ALL THEIR money and no doubt they will be fighting EVERY DOLLAR OF IT.

Due to the fact that NRMA are paying for the bill, they of course like anyone wouldnt want the car to be written off otherwise its a $55000 bill as opposed to say $10,000. IN this case:

Would it be advisable to ring up Mitsubishi to find a repair company which THEY WOuLD RECOMMEND??? Becuase i dont want NRMA to send the car to some dodgy repairer which they are mates with and the guys do a dodgy job to make sure the car can roll on the road and thats it. If so, can anyone recommend me the MOST EXPSIVE AND TRUSTED REPAIRER out there that you know of or Mitsu would recommend?? I want the bills to be as expensive as possible, so that i can be warranted of a write-off otherwise I need to make sure my car will go back to its ABSOLUTE originial condition and i'm going to FIGHT FOR THAT and wouldn't barge one inch.

Sorry about the length of this post, thanks again for all your help, i need all the ones i can get at this point.


Dejan

How does getting a quote that puts your repair costs high enough to mean a write-off help you? NRMA pay either way...

[RyanMK]

I think if it's a write-off, they'll replace it with a new car. And if it's not, they would just send it for repair?

[Dejan]

If the repair cost of my car hits a certain threshold it would prolly warrant a write-off say if the cost of repair is 30% of my car's agreed value it would qualify a write-off, hence a new car or cash for example, then they would be doing everything they can to make sure the repair cost stays under that, and by getting dodgy NRMA approved repairers who are associates of NRMA they would be made aware of that and would on purpose try to cut cost here and there to make sure it doesn't hit the threshold to warrant write-off.

Cos lets face it write-off is the WORST Scenario that NRMA would want to face. And in this case, having seen the damage of my car, i'd rather get cash and get a new one instead and getting the tune done so that my car will be back to its original condiiton, but NRMA would do everything within its power to prevent that.

I'm not sure by sending a letter is an appropriate action, given that by the time the legal letter has reached NRMA they would have already issued liability outcome by then, and if they accept it, then all good and if they don't, well its too late.

Also, not sure how write off works, given my agreed value is 55000, and a brand new RA you can get for say 40 grand drive away and with all of my options fittered, are they going to give me the car and plus $15000 difference in cash or what?? how does it work?? What if they put on everything i have put on there before and the total happens to be $60,000 are they going to pay extra for that??

[Superintendent Chalmers]

I would also be worried if the other guy "lawyers up" and comes after you personally for all his medical bills / physio - especially if your insurance company dis-owns you!

Terrible situation mate - in the blinking of an eye, it can all change. Hopefully your situation makes other people realise that some mods (you may think are fine) are illegal and may hurt you down the track. (no pun intended)

[Clone]

Also, not sure how write off works, given my agreed value is 55000, and a brand new RA you can get for say 40 grand drive away and with all of my options fittered, are they going to give me the car and plus $15000 difference in cash or what?? how does it work?? What if they put on everything i have put on there before and the total happens to be $60,000 are they going to pay extra for that??

To my knowledge, the insurance company would only pay which ever is a lesser value. Even though you might insurance at $55000, if the whole car plus everything fitted (including new rego and insurance policy) is less than the agreed value, then that's what you going to get back only, no more cash difference. Unless you under insuered your car then you most likely just get a cheque back at the agree value. It is very unlike that your car plus all the other parts and accessories you fitted actually cost more than what you purchased at the first place. Insurance company can get parts at very low price specially the car from the dealership. At the end of the day if they can't replace your car within the agreed value they would just pay you out.

[Clone]

I would also be worried if the other guy "lawyers up" and comes after you personally for all his medical bills / physio - especially if your insurance company dis-owns you!

Guess you don't have to worry about that as that's the reason for buying Green Slip. Your 3rd Party insurer would dealt with all that, regardless what car you drive.

[Dire]

Not sure where you're coming from with what you're saying about the other guy... Sounds like you're blaming him for not swerving/slamming on the brakes?

Oh well s*** happens. Hope you get the money. You weren't trying to hurt anybody.

[Chad_1990]

Hey Dejan, first of all mate so sorry to hear about your accident, that’s horrible! But I might be able to give you some advice that you’re looking for. My sister is a Motor Claims Consultant at CGU, which means she is the one decides to pay your claim or to void it all together, and I pick her brains all the time about this type of scenario (including last night). So if you need any specific answers i can ask her tomorrow and give you an answer in the afternoon.
But I’ll tell you what i know. Firstly depending on the damages on your RA the insurance company will investigate it and find out which is going to cost more for them and make their decision on whether to repair or total it. And i reckon if they would just repair it. Next don’t even bother with getting any form of legal advice or take them to court because their lawyers specialise in rapping our arses in the court room unless you believe you have a good shot! In NRMA’s mind they don’t want to pay you a cent, let alone anyone else. So if they have a reason to void your claim they will. So your BOV and Cat gives them a dame good reason to void your policy because in their mind you have already voided it yourself by driving an illegal car.
If you did get a your car repaired by NRMA then they genuinely choose good repairers because if there is any problem with your car you send it right back to them and get it fix covered by the insurer.
But there is some happy points I can give you, which my sister has told me about many stories within CGU that they have passed cars that have not been road worthy. In some cases which isn’t as rare as you would think they would be, the investigators and claim consultants can have a nice day, an off day or just hung over. Whatever it is they miss things or are understandable to your situation. So to whoever you begin to speak to make sure you put on the nicest tone of voice you can and almost get to know your insurance workers, because they will try and help you at as best as they can. But other than that this is all the advice I can give you, good luck mate and don’t forget give me a question and i’ll have my sister with an answer in the arvo. (sorry about the long post!)

[shamrockshirts]

Also, not sure how write off works, given my agreed value is 55000, and a brand new RA you can get for say 40 grand drive away and with all of my options fittered, are they going to give me the car and plus $15000 difference in cash or what?? how does it work?? What if they put on everything i have put on there before and the total happens to be $60,000 are they going to pay extra for that??

Having recently just gone though this very claims process one of the options I was given was a direct replacement (non cash payout). This means that they replace your car with exactly what was on the car when the accident happened. Same colour, Window tints, custom plates, rego'd up to the agreed value. BUT they told me everything needed to be Mitsubishi dealer options (hence why my exhaust wasn't replaced) You will need all receipts too as proof. Your case is a little different tho as your car is modified without Mitsubishi genuine parts.

I suspect you may need to chat to whom ever fitted the BOV too. If they have not informed you of the legal/insurance stance and how this renders your car illegal/unroadworthy and uninsured I suspect you may not of fitted this part in the 1st place. Therefore the responsibility lies here.

It all sounds like its going to get messy. Hopefully not, just wait and see. It takes approx 10 working days to get your car "officially" written off as its a paperwork nightmare involving several different accessors and departments. I'd wait to see what the NRMA says 1st before calling in the hounds. If you get lawyers involved too early the process changes big time and will take considerably longer and not necessarly with a better outcome.

[jamie885]

I've been skimming across the replies on here.

Justcars who insures anyone and anything, will cover any mods etc BUT have it written in their policy if a car is not legally roadworthy your insurance is void.

Explained this to a mate who had 18's on a car that had 15" wheels from factory.
He rang asked them and they said it increases the rolling diameter more than the RTA allows therefore the car is not roadworthy.

However, if the car was to be stolen or have the wheels taken it would be covered.

[BeHaV3]

If the repair cost of my car hits a certain threshold it would prolly warrant a write-off say if the cost of repair is 30% of my car's agreed value it would qualify a write-off, ............

NRMA will simply look at the economics should they accept your claim.
My wife's six month old Mazda had $17k of repairs on a $34k replacement value (everything taken off forward of the windscreen, either replaced or retained/refitted!!). Took another 12 months of returning to repairer before it would drive consistently in a straight line...
My brother in law's one month old XR6T woudl have been repaired at $30k of expense, except ford does not sell floor pans as a part, so written off!!!

So there are economic limits to repair, and a practical limit to repair before the decision is made to write off.
For NRMA .... even to buy a new (old stock) RA and re-fit all your mods and sell the balance of the old car is cheaper than cutting a $55k cheque!

Good luck. If the frame is not too twisted (check you roofline), then it may be repairable & roadworthy for much less than the $55k.

They may give you a few choices. One good one would be a new car plus the old wreck which may be a break even from their point of view on a $55k cheque.

Once again, wish you the best in settling this matter.

[Dejan]

Hi all,

Thanks so much again for all of your comments and suggestions which is always greatly appreciated.

Just to give you guys an update and good news that after a few back and forth phone calls and through sheer determination and persistence, NRMA finally gave in and gave the green light for the repair to go ahead on Friday afternoon after no less than 9 phone call exchanges between us!!

The car has been - as recommended to Phil Gilbert Lidcombe Mitsu to be taken to ARJAN Motors who specialise in Mitsu repair and they send the car directly to Mitsu factory for any mechanical probs which guarantees the best possible outcome .

I was being told that the quote assessment process can take up to 10 days!!! Due to comprehensive paperwork, send the car to Mitsu factory for mechanical testing and examination, add another week of drama for NRMA to approve the bills - I can smell NRMA giving me more headaches yet to come, and at least 3 weeks of repair, car won't be ready till early October!!!!

I was just wondering, say if the guys assessed everything and will cost for argument sake 18 grand for the car to go backto original condition pre-accident and they go ahead and spend all that and the car is all good again, and i get the car back and reaslied that there is now dashboard and speaker rattling as a result of the impact that was previously NOT THERE, and was not previously tested, what am i supposed todo?? take the car back and for them to repair again?? Would they accept liability for that??

Also, would NRMA pay for my car to be taken to MRT for the tune to be redone?? Considering all these work and my tune and exhausted system would have been damaged as a result as well?? NRMA said they would be responsible for modded parts, but how are they supposed to ensure my turning still stays there?? Can i DEMAND for NRMA to send car back to Brett MRT for turning to be done again???

THanks guys.

Dejan