WARNING – NEVER ACCEPT A CASH SETTLEMENT IN LIEU OF COLLISION REPAIRS
FROM YOUR INSURER
As the motoring public becomes
more aware of their rights concerning crashworthy collision repairs,
IVIC is noticing an increase with some insurance companies offering
to cash settle collision repair claims rather than repair the
collision damaged vehicle for the owner.
This is a very cunning ploy
by insurers as it legally absolves them from many statutory responsibilities
and other expensive costs. Cash settlements also allow insurer’s
to maintain a very low collision repair average which helps them
to maximise profits for their shareholders.
This is how it works: A customer
purchases a motor vehicle insurance policy. Pursuant to the insurance
policy contract the insurer accepts responsibility to repair
the collision damaged vehicle to a safe crashworthy integrity
when the vehicle sustains collision damage.
In addition to the
above the insurer is also responsible for all other indirect
costs that apply which include upholding their legal Duty of
Care responsibilities and providing a collision repair warranty
for each collision repair for the lifetime of the repaired
vehicle.
Some insurers offer a fully transferable lifetime collision repair warrantee
which allows for all future owners of collision repaired vehicles to also claim
against the original policy.
As mentioned in the 'The Truth about the Smash Repair Industry & Smash
Repair Budgets and Stakeholders 'links of this web site, smash repairers do
not receive an adequate budget from insurance companies to repair collision
damaged vehicles to safe crashworthy integrity. Yet to their financial detriment,
smash repairers operating under the insurance controlled regime are prepared
to accept whatever work that is offered to them from insurers.
Insurance companies and their
assessors are notorious for reducing the initial repair quote
leaving very little (if any) profit for smash repairers in such
jobs. However smash repairers knowing they cannot provide safe
integrity repairs for the reduced amount, foolishly are prepared
to cut corners and sacrifice on quality and safety during the
repair process and accept these quantum reduced inadequate jobs.
Unfortunately the vehicle is later returned to its owner with
defective repairs and with disguised unrepaired damage.
There is certainly no rational
explanation why smash repairers accept these jobs; perhaps it
is to sustain a false cash flow requirement, whatever the reasons,
their actions are definitely negligent and clearly breach their
Duty of Care responsibilities.
This method of quoting and allocating repair
work is beginning to backfire on insurers as the owners of collision
repaired motor vehicles are beginning to realise that their collision
repaired motor vehicle has not being repaired to a safe crashworthy
integrity.
The IVIC 'Structural Tolerance Report' provides owners with the required forensic
technical evidence to help support their complaints of unsafe and defective
repairs. It also allows owners to successfully claim additional yet more expensive
remedial reworks against their insurer and usually free of any cost to the
vehicle owner.
Let's put this into perspective. - A smash
repairer might quote collision damage for say $5,000. This is
the amount required to repair the collision damage to what is
known as safe crashworthy integrity. However before the repairer
can commence repairs he first needs to obtain an authority to
commence works from the insurance company.
An assessor employed by the insurance company (or an assessor contracted by
the insurer) has a responsibility to control and mitigate costs for their employer
or contract provider. The assessor will subsequently assess and quantify the
collision damage against the original quote as supplied by the smash repairer
and interestingly, in almost every situation the quantum amount will be reduced
from the repairer's original quote.
The assessor justifies the reduction by slashing
either the quantity of hours (the labour content) required or
repairing, rather than replacing damaged components or substituting
genuine replacement parts in lieu of cheaper and more inferior
aftermarket replacement parts, or a combination of both.
The assessor then values the damage at say
$2,200 (a reduction of $3,800 from the original quote) and approves
only that amount ($2,200) for the repairs. Wanting to keep the
workshop full of work and keep in favour with the insurance company,
smash repairers foolishly almost always accept the cheaper quote.
This method of quoting and repairing motor
vehicle collision damage is obscenely negligent. It will not
be long before we see all stakeholders joined as co-respondents
in potentially huge industrial contributing negligence actions.
In the meantime however vehicle owners can access the IVIC 'Structural Tolerance
Report' product to obtain the technical evidence required to support their
claims that their collision damaged vehicle was not repaired to a crashworthy
compliant integrity and pressure their insurer to rectify accordingly.
Apart from the actual cost to repair the
vehicle, there are also further and continuing indirect costs
which the insurer is responsible, they being:
| 1) |
Repair supplements
- items not accepted in the initial quote but later required |
| 2) |
Re-works (remedial repairs resulting
from customer complaints), |
| 3) |
Duty of Care responsibilities |
| 4) |
A lifetime repair warranty and
/or Guarantee |
| 5) |
The cost of administering the
above. |
| 6) |
The cost of defending legal action
brought about by disgruntled customers |
For insurers these indirect ongoing costs
and continuing legal responsibilities are very high and is clear
to see why they favour cash settlements over repairing collision
damaged vehicles.
Another very important consideration why
insurers favour cash settlements is they can remove themselves
from any legal liability from potential negligence suits which
might be instigated in the future. To ensure there will
never be any confusion as to who is or isn't responsible for
future problems with the subject vehicle, the insurer will always
insist for the insured to waiver their rights to sue the insurer
in cash settlement cases.
However on the other hand, the insured will
always be left in a financially desperate position if they accept
cash settlements.
The insured will find:
X They are left with a collision
damaged vehicle where the quantum amount from the cash settlement
will be grossly inadequate to cover the cost of collision repairs,
X The insured will have
difficulty locating a smash repairer who would be prepared
to repair the collision damage for the cash settled amount.
X The customer will have
no avenue for legal redress if something were to go wrong and
invariably something is very likely to go wrong under these
circumstances.
X Once the cash settlement
has been paid, the insurance policy will be immediately cancelled
and recorded accordingly within the insurance industry records.
This means the insured is forever duty bound to disclose that
they have had an insurance policy cancelled by an insurer whenever
they wish to purchase any new insurance policy in the future.
This is a clever trick by insurers and a means for them to
classify you being a higher insurance risk and charge more
for the annual premium and excess.
X If you do not disclose
that you have had an insurance policy cancelled to any new
insurer, you run the risk of having any potential claim refused
and possibly find yourself being classified uninsurable.
Back
to top