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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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In July 2014 my wife purchased a second hand car and an extended

Customer Question

In July 2014 my wife purchased a second hand car and an extended 12 month extended manufacturers Mechanical warranty.
Last week the car lost power and after opinions from NRMA Road Service it was towed to a local garage. Both the NRMA Service mechanic and the garage mechanic confirmed the Alternator had stopped working and needed replacement.
The quote for the replacement is $1196.03 made up of $798.60 parts, $381.15 labour and $16.28 incidentals.
There seems to be no doubt that the policy was designed for such incidents nevertheless the policy required the car to be serviced every 6 months or 10,000kms.
The car was last serviced in October 2014 - 7 months ago.
The manufacturer and the servicing mechanic do not expect the same - the service book has a service in October (12 months since the last) as does the servicing mechanic.
I feel this condition is unrealistic and costly. I believe the condition is unfair and deliberately in place to minimise risk to the point of being a worthless policy
Regards
Malcolm Moir (###) ###-####
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon
Did you have the policy explained to you?
What is the service intervals recommended by the manufacturer of the car?
Customer: replied 1 year ago.
Hi LeonIt may have been explained but it was not a major statement.It was assumed that the conditions for the policy would be in alignment with the conditions of the manufacture as per service book and the official servicing representatives. I think they are 10,000kms between service, next one is 72,000kms
Expert:  Leon replied 1 year ago.
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Why was it assumed. Does she recall anything about the policy?
Customer: replied 1 year ago.
What was explained was the limitations of the policy as to what it covered not the conditions of servicing in a timetable different to the service providers
Expert:  Leon replied 1 year ago.
Good Evening
I would suggest you take it further and complain to the Financial Ombudsman Service.
http://www.fos.org.au
It will not cost you anything
You argue the car was services as per the manufacturers specifications.
What you were told when sold the policy.
Make sure you make it clear that there was no mention about the extra services and that if the car manufacturer says every 12 months and the car has been services correctly that you should be covered.
If you recall being told that the car has to be serviced as per the manufacturer then you set that out.
You have nothing to lose.
If the FOS says that they should pay the Insurer cannot appeal they are bound.
This is the best you have. Taking ti to court is harder and more expensive.
Also if you have a mechanic on side get a report to confirm that this part is not replaced during serving and that servicing more often would not have stopped it failing
I hope this makes sense?