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I have a claim with Aami where I believe they are

Customer Question
I have a claim...

I have a claim with Aami where I believe they are compromising safety by not using genuine parts for a safety accident repair. I have 2 quotes one using genuine Honda parts and one where I have now been advised that parts will not be replaced with Honda parts. The issue was with a air bag under the bonnet requiring Honda to repair. The Aami chosen repairer will not be using Honda parts. Honda have advised that this is an issue. I have chosen to go with my preferred repairer but Aami will not cover a replacement vehicle until the repair is complete. The parts will take 4 to 6 weeks to come from Japan. I am happy to pay the additional cost of the repair but have an issue with a) non genuine parts on a safety issue particularly given the recent recall of vehicles and b) the provision of a vehicle until my vehicle is fixed. Many thanks for considering this for me. ***** ***** AM

Lawyer's Assistant: What state is this in? And how old is the car?

The car is registered in Victoria but the accident occurred in Western Australia. The car is 12 years old but in perfect condition

Lawyer's Assistant: Has anything been filed or reported?

Only raised with Aami

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/14/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon

If your insurance policy does not allow for a courtesy car whilst the car is being replaced then you are not entitled to one.

Do you know if your policy permits a courtesy car?

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Customer reply replied 4 months ago
Yea
Solicitor: Leon, Solicitor replied 4 months ago

Good Evening

If there is an allowance for a courtesy car they cannot refuse it.

You are entitled to a car.

Are you able to give me the wording?

Also can you confirm that you car is currently not roadworthy?

Also has the insurer advised you in writing that they are refusing to give you a car and if so have they refered to any part of the policy?

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Customer reply replied 4 months ago
Under the pds they can stop paying for the car when they make payment. My issue as explained previously is a) they are using non genuine parts creating a safety issue and b) it will take 4-6 weeks for the genuine parts to come from japan and c) they have not yet paid me
Solicitor: Leon, Solicitor replied 4 months ago

Good Morning

I understand what the issue is but they have agreed to allow you to have the car repaired at your repairer.

And if they have not paid you for the repairs then you are entitled to a car.

If they have given you a lump sum payment and you are taking the car to be repaired then they can refuse a car.

But this is not the case here.

You have to request the car.

If they refuse then you can take the matter to the Ombudsman and have them rule on it.

https://www.fos.org.au/

But you have to make the request and they have to refuse it in writing

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
They want to pay me the money but I have said I don’t want it until car is repaired. I think they will probably send me a cheque
Solicitor: Leon, Solicitor replied 4 months ago

Good Afternoon,

They have a right to pay you out as the agreement appears to be that they will pay what their repairer quoted and you are responsible for having the car repaired and pay the difference at your repair.

They are within their rights to do this and not give you a courtesy car.

You cannot force them to do what you want.

Before they pay you the money you can commence proceedings with the ombudsman but you must do this ASAP.

Use any emails you have received to advise that they will provide you with a courtesy car and take it further before they send you a cheque.

I'm sorry but this is the best I can offer you. If they pay you the money then there is very little that can be done.

I hope this makes sense and is of assistance. If there is anything further please do not hesitate to contact me.

Please do not forget to write my work 5 stars so that I can be paid and be able to continue my work in providing a service.

Regards,

Leon.

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